Agenda packet — Concord City Council, March 26, 2024 (part 1 of 2)

1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
March 26, 2024
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.

AMENDED AGENDA

CHANGES HIGHLIGHTED
2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/84666128167?pwd=xLLtAoZ7wNxrEefglWfipfZnZc4dfQ.

EZABpruCoNEwGill or Zoom Webinar ID: 846 6612 8167 and Passcode: 150829 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council before the meeting,

2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and

3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channel 29 and 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 OPEN SESSION

1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Councilmember Aliano

2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Participate” above.
a. Written Public Comment

3. PRESENTATION
a. Proclamation – to Stan Massie, Red Cross Leadership Council, proclaiming March 2024 as "American Red Cross Month" in the City of Concord.

Presentation by Mayor Birsan.

4. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above. a. Considering – approval of the minutes from the February 13, 2024, special meeting, and February 13 and 27, and March 5, 2024, regular meetings.

Recommended by the City Clerk.
b. Considering –

1. Award of a Construction Contract in the amount of $235,753 to Villalobos & Associates Inc. for the Citywide Sidewalk Repair (Project No. 2666) and authorizing Staff to utilize the available project contingency for contract change orders up to 30% of the contract amount; authorizing the Mayor to execute the contract in a form acceptable to the City Attorney; and making the CEQA determination as provided in this staff report (Funded by Measure V Funds); and
4 2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2666 and directing the City Clerk to file a Notice of Completion.

Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.
c. Considering – approval of an Agreement for Professional Services with Swinerton Management and Consulting in the not-to-exceed amount of $647,424 (base agreement of $539,520 plus staff authority to spend up to a 20% contingency of $107,904) to provide construction management, inspection, and materials testing services for the Residential Pavement Maintenance, Phase B Project (Project Nos. 2607-2608) located in Zone 4O in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal, and in Zones 5C & 5D in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Funded by Measure V) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15282, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Sections 21065, and/or PRC Section 21080.19. d. Considering –

1. Acceptance of improvements for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424) located along Broadway Street, Salvio Street, Grant Street, and Oak Street; and directing the City Clerk to file a Notice of Completion; and

2. Approval of an amendment to a Professional Services Agreement for construction management in the amount of $21,715 (for a new not-to-exceed amount of $451,715) with Dewberry Engineers Inc.; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

Recommended by the Director of Community Development.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2), 15060(c)(3), 15061 (b), 15273, and/or 15378.
e. Considering – approval of an Agreement for Professional Services with Open Counter Enterprises, Inc. (an online zoning and permitting assistance software system) in an amount not to exceed $236,256 for a five-year subscription (December 1, 2023 to November 30, 2028); and authorizing the City Manager to execute the agreement in a form acceptable to the City 5 Attorney. (Technology Fee Fund) Recommended by the Director of Community Development.

CEQA: Not a project and/or exempt from CEQA per CEQA Guidelines Section 15060(c)(2), 15378, and/or 15061(b)(3).
f. Considering – approval of Amendment No. 1 to Task Order No. 2 in the amount of $67,634.55 (for a new not-to-exceed amount of $284,624.95) with Dewberry Engineers Inc., for construction management, inspection, and materials testing services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527), located on up to six (6) miles of arterial and collector streets throughout the City (specifically including portions of Concord Boulevard, Port Chicago Highway, Oak Grove Road, Walters Way, Pacheco Street, and Residential Zone 5L (Almond Avenue, Bacon Street, Galindo Street, Grant Street, and Mt. Diablo Street), and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662), located at the City Corporation Yard; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
g. Considering – the adoption of a Resolution authorizing the City to accept a subaward from U.S. Department of Agriculture Forest Service through the Trust for Public Land, in an amount not to exceed $1,000,000 to invest in Urban Community Forests ($138,100 for FY 2024, $278,550 for FY 2025, $243,550 for FY 2026, $195,550 for FY 2027, and $144,250 for FY 2028); authorizing the City Manager, or designee, to execute the sub-recipient agreement and take other action necessary or appropriate to implement the subaward and appropriate $1,000,000 to Project 2719. (Project No. 2719) Recommended by the Director of Public Works.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15062(b)(3), 15273, and/or 15378.

5. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above.
a. Considering – acceptance of the 2023 General Plan Annual Progress Report, including the Housing Element Annual Progress Report, and authorizing its submittal to the Governor's Office of Planning and Research 6 and the California Department of Housing and Community Development (HCD). Report by Ben Ulrey, Assistant Planner.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3),15306, and/or 15378.

6. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Participate” above. a. Considering – the Planning Commission’s adoption of Resolution No. 24-01 PC approving a Design and Site Review Amendment to reduce the number of exterior sunshades and add orange accent wall panels to the approved building elevations for Galindo Terrace, a 62-unit affordable housing project on a 0.53-acre site located at 1313 - 1321 Galindo Street (the “Decision”), and determine to: 1) affirm the Decision; 2) modify the Decision; 3) reverse the Decision; or 4) remand the Decision back to the Planning Commission. (APN 126-164-051 and -054); (PL19066 - DRA) Report by Frank Abejo, Principal Planner.

CEQA: An Infill Environmental Checklist was prepared for Galindo Terrace pursuant to Section 15183.3 and Appendix M of the CEQA Guidelines. On the basis of the Checklist, a Notice of Determination was filed on December 5, 2019 that determined Galindo Terrace would not have a significant effect on the environment. The project is consistent with the approval for Galindo Terrace and is exempt under CEQA Guidelines Section 15061(b)(3) and Government Code Section 65457(a).

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Letter – to Whom it May Concern re: Support for MCE's application for the Locally Invested Transportation Equity (LITE) Pilot Program dated February 29, 2024.
b. Letter – to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh Harder re: Support for FY2025 Community Project Funding for Aeration Basin Diffuser Replacement Project dated March 15, 2024.
c. Letter – to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh 7 Harder re: Support for FY2025 Central San's Solids Handling Facilities Improvements Project dated March 15, 2024.
d. Letter – to Senator Alex Padilla, Senator Laphonza Butler, Congressman Mark DeSaulnier, Congressman John Garamendi, and Congressman Josh Harder re: Support for the Ultraviolet (UV) Disinfection Replacement Project dated March 15, 2024.
e. Letter – to Unity Council Chief Executive Officer Chris Iglesias re: Support for Unity Council's application for additional slots for Head Start and Early Head Start in Contra Costa County dated March 15, 2024.

8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a Report out by Councilmember Aliano, Vice Mayor Obringer, and Mayor Birsan on the National League of Cities Congressional City Conference held March 11-14, 2024.

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 4/9/2024 6:30 PM

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

From: Jason Pfister <[email protected]>
Sent: Tuesday, March 12, 2024 9:01 PM
To: City Clerk <[email protected]>
Subject: Re: Constituent Comment: Zoom

Can you submit this one for the meeting on March 26th? Thank you!

-Jason Pfister
On 03/10/2024 11:42 PM PDT Jason Pfister <[email protected]> wrote:

AGENDA ITEM: 2

I would like for the city council to put on the agenda to resume public comments via Zoom. Thank you.

-Jason Pfister

Written Public Comment
Agenda Item No. 2.a
March 26, 2024

2.a2.a

Page 1 of 2 ends

From: Jason Pfister <[email protected]>
Sent: Monday, March 25, 2024 1:37 AM
To: City Clerk <[email protected]>
Subject: Constituent Comment: Red Light & Speed Cameras

AGENDA ITEM: #2

Members of the Council:

I would like for you to reopen debate on implementing red light or speed cameras throughout Concord. For one, it increases police operations efficiency by having citations mailed to offenders so police officers can attend to serious crimes ranging from rape, robbery, murder, shootings, etc. I refer you to an article below regarding speed cameras usage in CA in response to increasing red light based collisions & a study indicating that red light cameras increase safety. Either of these measures would be proper for Concord, although the LA Times article references stringent enforcement in low income, minority communities. However, the city can rectify this by placing this surveillance throughout Concord. In the city of Concord these days, I have noticed an increase in speeding vehicles running red lights. This obviously must be promptly addressed. If people fear excessive speeders are jeopardizing their safety, that likely would yield less people patronizing Concord business establishments and thereby the city would lose revenue.

On a personal note, back in 1988, one of my best friends was hit by a car going 45 MPH. While this was not related to a motorist running a red light, that painful memory still haunts his mother to this day. Whenever she received a phone call in the middle of the night, even 35 plus years later, her heart stops. I also know that neither Chief Bustillos nor any Concord Police officer wants to make that dreadful call to anyone. Had this best friend of mine not been immediately attended to by someone who told him to keep breathing until paramedics arrived, he would have died. Thankfully, he is alive today and doing very well. However, the next person may not be so lucky, considering I have seen multiple red light runners eclipsing that speed of 45 MPH.

Please get this safety measure enacted throughout Concord ASAP. Refer to these two links as well. Thank you.

https://www.latimes.com/california/story/2023-10-17/speed-cameras-californias-answer- to-rising-traffic-deaths

https://www.jenoptik.us/products/road-safety/red-light-camera

-Jason Pfister

Benched Written Public Comment
Agenda Item No. 2.a
March 26, 2024

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SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CONFERENCE ROOM
1950 PARKSIDE DRIVE, WING A

CONCORD, CALIFORNIA
TUESDAY, FEBRUARY 13, 2024
The Concord City Council met in a special meeting in the City Council Conference Room, located at 1950 Parkside Drive, Wing A, Concord, California at 5:35 p.m. on Tuesday, February 13, 2024, with Mayor Birsan presiding and all Councilmembers present. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

The meeting was recessed and immediately reconvened in a closed session on CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of case: Kimberly Lynn Wright, et al. v. City of Concord, et al. Superior Court of California, County of Contra Costa, Case No. MSC20-01067 and CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of case: Amy Hendricks, et al. v. City of Concord, et al. Superior Court of California, County of Contra Costa, Case No. MSC23-02544 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of case: Amy Hendricks, et al. v. City of Concord, et al. Superior Court of California, County of Contra Costa, Case No.

MSC23-02544

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on February 13, 2024, at 5:59 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

4.a4.a4.a4.a

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REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, FEBRUARY 13, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, February 13, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Aliano. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Randy Hopkins, Concord; Randolph Hopkins, Concord; Lomo Love, Concord; Hope Johnson, Concord; Ady Olvera, Concord; Nikita Rodgers

PUBLIC COMMENT PERIOD
Randy Hopkins, Concord, spoke about dim street lights throughout the City.

Randolph Hopkins, Concord, spoke of concern about the condition of the pavement on various streets throughout the City, the nomination period for an open seat on City Council for the upcoming 2024 Election, and illegal posting of political signs.

Lomo Love, Concord, spoke about rescuing female Asian slaves and his efforts to provide them assistance.

Hope Johnson, Concord, stated that there was not sufficient time to review the proposed Term Sheet from Brookfield Homes for the Concord Naval Weapons Station before the scheduled February 20, 2024, meeting, and in support of Zoom public comment during City Council meetings.

Ady Olvera, Concord, spoke in support of Zoom public comment during City Council meetings.

Nikita Rodgers spoke about a serial rapist in Concord, in support of Zoom public comment during City Council meetings, and her concern that Council meetings are not being televised.

PRESENTATION
CONTRA COSTA BEHAVIORAL HEALTH – A3 Crisis Response Program

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City Council Minutes February 13, 2024
2 Mayor Birsan introduced Dr. Suzanne Tavano, Director, Contra Costa Behavioral Health, who gave a presentation on the A3 Crisis Response Program.

Following questions from the Council, Mayor Birsan opened a public comment period.

Nikita Rodgers spoke of disappointment with her previous experience with the A3 Crisis Response Program.

Mayor Birsan closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

TREASURER’S REPORT – October 1 – December 31, 2023
A motion was made by Obringer and seconded by Aliano to receive the Treasurer’s Report for the period October 1 – December 31, 2023. The motion passed by unanimous vote of the Council.

ADOPTION OF ORDINANCE NO. 24-1 – State Density Bonus Law and Inclusionary Housing Requirements
A motion was made by Obringer and seconded by Aliano to adopt Ordinance No. 24-1 entitled, “An Ordinance Amending Section 18.20.030 and Chapter 18.185 of the Concord Municipal Code to address updates to State Density Bonus Law and expand the City’s Inclusionary Housing Requirements.” Ordinance No. 24-1 was introduced on January 23, 2024, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

ADOPTION OF ORDINANCE NO. 24-2 – Affordable Housing Overlay District and Lot Consolidation Incentive Program
A motion was made by Obringer and seconded by Aliano to adopt Ordinance No. 24-2 entitled, “An Ordinance Amending Concord Municipal Code, Title 18 (Development Code), Section 18.20 (General Terms) and adding Chapter 18.115 (Affordable Housing Overlay District) and Section 18.200.230 (Lot Consolidation Incentive Program)." Ordinance No. 24-2 was introduced on January 23, 2024, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

REJECTION OF BIDS – East Downton Concord PDA Access & Safe Routes to Transit Project (Project No. 2457)
This item was pulled from consideration on the Consent Calendar by Councilmember Hoffmeister who inquired about the low bid that was received below the engineer’s estimate and a discrepancy in project construction costs provided in the staff report.

Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Hoffmeister and seconded by Aliano to reject all bids submitted for the East Downtown Concord PDA Access & Safe Routes to Transit Project (Project No. 2457), and direct staff to re-advertise the project for bids. The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING
INTRODUCTION OF ORDINANCE NO. 24-3 – Rent Stabilization and Just Cause for Eviction

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City Council Minutes February 13, 2024
3 Housing Manager Sophia Huckabay provided a brief overview of the previously presented staff report and explained that Council was being requested to take the following actions: (1) provide direction on the following matters pertaining to just cause, no-fault evictions for owner move-ins: (a) percentage of ownership required to constitute an owner move-in; (b) the length of time an owner is required to reside in the unit after moving in; and (2) introduce an Ordinance amending the Concord Municipal Code by amending Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program” to increase “just cause” eviction protections, expand the City’s rent registry, and establish a rent stabilization program, by reading of the title only and waiving further reading.

Following questions from the City Council, Mayor Birsan recessed the meeting at 7:42 p.m. The meeting resumed at 7:53 p.m.

Mayor Birsan recessed the meeting at 9:41 p.m. The meeting resumed at 9:57 p.m.

Mayor Birsan recessed the meeting at 10:21 p.m. The meeting resumed at 10:42 p.m.

Following discussion by the Council, a motion was made by Aliano and seconded by Nakamura to introduce Ordinance No. 24-3 entitled, “An Ordinance Amending Concord Municipal Code Chapter

19.40 “Residential Tenant Protection Program” to Increase “Just Cause” Eviction Protections, Expand the City’s Rent Registry, and Establish a Rent Stabilization Program,” by reading of the title only and waiving further reading, with the following text changes to Exhibit A of the Ordinance (changes in red and strikeout font:

19.40.010(c)
(4) “Base Rent” shall mean as follows: For tenancies commenced on or before January 12 April 4, 2023, the Rent in effect on January 12 April 4, 2023, plus the Initial Allowable Annual Rent Increase. For tenancies commenced after January 12 April 4, 2023, but prior to the effective date of this Chapter, the Rent charged upon initial occupancy plus the Initial Allowable Annual Rent Increase. For tenancies commenced after the effective date of this Chapter, the Rent charged upon initial occupancy. The foregoing amounts are subject to the assumption that such amounts are not in violation of this Chapter or any provision of State law. Nothing in this definition is intended to alter the requirement that a Landlord provide a Tenant with valid, written notice of any change in the terms of the Rental Agreement (including any Rent decrease or Rent increase) as required by Civil Code Section 827. (9) “Covered Dwelling Unit” and “Covered Rental Unit” are used interchangeably and shall mean a Dwelling Unit located within the City not specifically exempted under Section 19.40.020(a) or

19.40.020(b).
(29) “Rental Agreement” shall mean an oral or written lease, sublease, or similar agreement between a Landlord and a Tenant for the lawful occupancy of a Dwelling Unit. (29) (30) “Rent Restricted Affordable Unit” is defined in Section 19.40.020(b)(3). (30) (31) “School-Aged Child” or School-Aged Children” shall mean any dependent child under the age of eighteen (18) TK-12th grade student enrolled full-time in a brick-and-mortar school located within the City of Concord, or a special needs student enrolled full-time in a brick-and-mortar school located within the City of Concord, living in the Tenant’s Covered Rental Unit and who attends a Mount Diablo Unified School District public school.
(31) (32) “School Year” shall mean the first day of instruction for the fall semester through the last day of instruction for the spring semester, as posted on the Mount Diablo Unified School District applicable school’s website.
(33) “Senior Tenant” shall mean a Tenant who is at least sixty-two (62) years of age or older as defined in Government Code Section 7060.4.

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City Council Minutes February 13, 2024
4 (34) “Significant Hardship” is defined in Section 19.40.070(d)(1)c. (32) (35) “State” shall mean the State of California.
(33) (36) “Substantial Remodel” or “Substantially Remodel” shall mean either of the following that cannot be reasonably accomplished in a safe manner that allows the Tenant to remain living in the Covered Rental Unit for at least thirty (30) consecutive days: (i) the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency; or (ii) the abatement of hazardous materials including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Covered Rental Unit vacated, do not qualify as substantial remodel. (34) (37) “Tenancy” shall mean the lawful occupation of a Dwelling Unit and includes a lease or a sublease.
(35) (38) “Tenant” shall mean a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a Rental Agreement to the use or occupancy of any Dwelling Unit. (36) (39) “Terminally Ill Tenant” shall mean a Tenant who has a terminal disease as defined in California’s End of Life Option Act as any “incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months” pursuant to Health and Safety Code Section 443.1 and which is verified in writing by the Tenant’s medical care provider. (37) (40) “Unlawful Rent” shall mean any Rent charged by a Landlord to or paid by a Tenant for a Covered Rental Unit which exceeds the Tenant’s Base Rent together with any Lawful Rent Increase. In the case of a Rent Restricted Affordable Unit, “Unlawful Rent” shall mean any Rent increase imposed in excess of the Rent increase specified in Section 19.40.020(b)(3).

19.40.020(b)
(3) Dwelling Units that are either restricted by the City or other governmental agency as affordable housing for persons or families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code to the extent that such Dwelling Units if any are subject to one of the following Rent increase restrictions:
(i) subject to Rrent increases restrictions equal to or less than five percent (5%) annually and enforceable by the City or other governmental agency pursuant to a deed, regulatory restriction contained in an agreement, or other recorded document, or (ii) for certified over income Tenants, Rent increases in an amount less than or equal to those permitted under Civil Code Section 1947.12(a)(1) until/if AB 846 (amending Health and Safety Code Section 50199.24 (Low income housing credit: rent increases)) is enacted, in which case the provision of the latter shall control, provided that Tenants are not charged Rent in excess of thirty percent (30%) of the household monthly income.

The foregoing are referred to herein as the “Rent Restricted Affordable Units.” “Tenant” as used for purposes of Rent Restricted Affordable Units means all individuals living in the Rent Restricted Affordable Unit (i.e. the household). Notwithstanding the language in Section 19.40.020(b) above, the Petition process set forth in Section 19.040.050 shall apply.

19.40.040
(c) Allowable Annual Rent Increases. This Chapter shall limit annual Rent increases on Covered Rental Units to no more than sixty percent (60%) of the percentage increase in CPI published and reported for

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City Council Minutes February 13, 2024
5 the twelve-month period ending as of April of the immediately preceding year, provided, however, in no event shall the Allowable Annual Rent Increase exceed three percent (3%). In the event that the percentage change in the CPI is negative, the Allowable Annual Rent Increase shall be zero percent (0%). The Allowable Annual Rent Increase shall be rounded to the nearest one-quarter of a percent (0.25%). Nothing in this subsection is intended to alter the requirement that a Landlord provide a Tenant with valid, written notice of any Rent increase as required by Civil Code Section 827. The Annual Allowable Rent Increase amount shall be reviewed annually by the City Council.

19.40.050(a)(4)f(i)
(d) Real property taxes and assessments.
(e) Reasonable costs of operation and maintenance including, but not limited to, cost associated with repairs mandated by law.
(d)(f) Insurance costs to the extent they are not paid by the Tenants.

19.40.050
(j) Time of Hearing and Decision. The City shall not be required to accept petitions until September 1, 2024 six (6) months after the effective date of this Ordinance. The City shall endeavor, but shall not be required, to schedule a hearing on a petition within ninety (90) days after submittal to the City of the petition and the proof(s) of service. A final decision on a petition shall be made within a reasonable time after the conclusion of the hearing.

19.40.060
(d) Past Due Amounts. To the extent that a Landlord owes rental registry fees, accrued interest, fines, or penalties incurred prior to the effective date of this Ordinance, such amounts shall continue to be owed and continue to accrue. See Also Sections 19.40.040(b) and 19.40.050(a)(2). (d) (e) Termination Notices. Within seven calendar days of serving a notice of termination on a Tenant, a Landlord shall submit a copy of such notice of termination through the City’s designed rent registry portal.

19.40.070(d)(1)
c. This subparagraph (1) only applies if the intended occupant moves into the Covered Rental Unit within ninety (90) days after the Tenant vacates and occupies the Covered Rental Unit as a primary residence for at least ____________( )twenty-four (24) consecutive months. If the intended occupant moves into the Covered Rental Unit within ninety (90) days after the Tenant vacates, but before having occupied the Covered Rental Unit as a primary residence for twenty-four (24) months as required herein, and suffers a serious disability, becomes terminally ill, or suffers some other significant hardship (each, a “Significant Hardship”) requiring the intended occupant to vacate the Covered Rental Unit, this will not be considered a failure to comply with this Section.
d. A Landlord shall only be allowed to terminate a Tenancy pursuant to this Subsection 19.40.070(d)(1) if the Landlord meets one of the following:
(i) is a natural person that has at least ___25 percent recorded ownership in the Property; f. As used in this Subsection 19.40.070(d)(1):
(i) “Natural person” includes any of the following:
(a) a natural person who is a settlor or beneficiary of a family trust; or

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City Council Minutes February 13, 2024
6 (b) if the Property is owned by a limited liability company or partnership, a natural person with a ____ 25 percent ownership interest in the Property.

19.40.070(e)
(1) Owner Move In Right of Return. If the intended occupant fails to occupy the Covered Rental Unit within ninety (90) days after the Tenant vacates, or if the intended occupant fails to occupy the Covered Rental Unit as their primary residence for at least ________( ) twenty-four (24) consecutive months absent a Significant Hardship as provided in Section 19.40.070(d)(1)c. above, and if If Tenant re-occupies such Covered Rental Unit, Landlord shall reimburse the Tenant for reasonable moving expenses incurred. Such payment shall be in addition to any relocation assistance that was paid to the Tenant in connection with the termination notice. To the extent permitted by state law, for a new Tenancy commenced during the time periods described in this Section 19.40.070(e)(1) the Covered Rental Unit shall be offered and rented or leased at the Lawful Rent in effect at the time any notice of termination of Tenancy is served, subject to any Lawful Rent Increases.

19.40.080(a)(2)
b. Protected Tenant Relocation Assistance. If one of the Tenants living in the Covered Rental Unit from which the Tenants are displaced is a Protected Tenant, then all Tenants living in the Covered Rental Unit are collectively entitled to receive supplemental relocation assistance in the amount of one additional month of the applicable HUD FMR Rent. Such payment shall be calculated on a per-Covered Dwelling Unit basis, without reference to the number of Tenants and Protected Tenants in the Covered Dwelling Unit.
c. Single Family Home/Condominium Relocation Assistance. Notwithstanding anything in this Section

19.40.020(a)(2) (Permanent Relocations) to the contrary, in the case of any Dwelling Unit that is alienable separate (i.e., separately transferrable) from the title to any other Dwelling Unit, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5(b), (d), or (f), including without limitation single family residences and condominiums, but excluding mobile homes offered for rent, the Landlord shall pay to the Tenant relocation assistance in the amount of two (2) months of the Tenant’s then-current Rent plus a Moving Stipend in the amount of $2,000. b.d. Payment Process. For permanent relocation assistance, the Landlord shall provide one-half of the relocation assistance owed to the Tenant within 15 calendar days of service of the notice of termination.

The remaining relocation assistance shall be paid to the Tenant in cash no later than the date the Tenant vacates the Covered Rental Unit.
c.e. Moving Stipend. The Landlord shall pay to Tenant the amount of $3,000 (“Moving Stipend”), which shall be paid to the Tenant in cash no later than the date the Tenant vacates the Covered Rental Unit.

Such payment shall be calculated on a per-Covered Dwelling Unit basis, without reference to the number of Tenants in the Covered Dwelling Unit.
d.f. Refund of Security Deposit. A Landlord must refund to the Tenant any security deposit paid by the Tenant. A Landlord may withhold any properly itemized deductions from the security deposit in accordance with California Civil Code Section 1950.5.

19.40.120
(e) Except in connection with a Fair Return Petition or a Tenant Petition, nNo administrative remedy need be exhausted prior to filing suit pursuant to this Chapter.

The motion passed by the following vote:

AYES: Aliano, Nakamura, Obringer, Birsan NOES: Hoffmeister

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City Council Minutes February 13, 2024
7 CORRESPONDENCE
a. Agenda Item No. 2.a – Written Public Comment
b. Agenda Item No. 3.a – A3 Crisis Response Program – PowerPoint Presentation c. Agenda Item No. 5.a – Rent Stabilization – Benched Correspondence d. Letter to Senator Alex Padilla re: Support for the Low-Income Household Water Assistance Program (LIHWAP) Establishment Act dated February 2, 2024 e. Letter to Administration for Children and Families, Office of Head Start, re: Support for Contra Costa County’s Head Start and Early Head Start program dated February 6, 2024

COUNCIL REPORTS
Due to the lateness of the hour, there were no Council Reports provided.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on February 13, 2024, at 11:39 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 8 of 18 ends

REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE CONCORD-PLEASANT HILL

HEALTH CARE DISTRICT

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, FEBRUARY 27, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, February 27, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Hoffmeister.

Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Guy Bjerke, Director of Economic Development and Base Reuse; Karan Reid, Director of Finance; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Steve Voorhies, Director of Recreation Services; Carlton Thompson, City Engineer; Bernard Enrile, CIP Manager; Bruce Davis, Senior Civil Engineer; Tianjun Cao, Associate Civil Engineer; Deyuanne Lei, Associate Civil Engineer; Donna Lee, Budget and Treasury Officer; Sophia Huckabay, Housing Manager; Barbie Gary, Program Manager; Kathryn Monroy, Program Manager; Craig Blythe, General
Services Manager; Jesse Crawford, Public Works
Superintendent; Kylie Hicks, Budget Analyst; Ken Yee, Facilities Maintenance Manager; Abhishek Parikh, Deputy Director of Public Works - Transportation

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Mitchell Turrin; Randolph Hopkins, Concord

PUBLIC COMMENT PERIOD
Mitchell Turrin expressed concern that revenue is being considered over safety as it relates to pothole repair throughout the City.

Randolph Hopkins, Concord, expressed concern that there is no Code of Ethics pertaining to staff and Councilmember behavior available on the City’s website.

CITY COUNCIL/CITY COUNCIL SITTING AS THE CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

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City Council Minutes February 27, 2024
2 CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES – January 30 and February 6, 2024
A motion was made by Hoffmeister and seconded by Obringer to approve the minutes from the January 30 and February 6, 2024, special meetings, and February 6, 2024, regular meeting. The motion passed by unanimous vote of the Council.

ACCEPTANCE AND APPROPRIATION OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT FUNDS – Street Lighting and Safety Improvements Project (Project No. 2695) A motion was made by Hoffmeister and seconded by Obringer to accept and appropriate $7,409,970 Highway Safety Improvement Program (HSIP) Grant funds from Caltrans for the Street Lighting and Safety Improvements Project (Project No. 2695). The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 24-8 – Contra Costa County Flood Control & Water Conservation District
A motion was made by Hoffmeister and seconded by Obringer to adopt Resolution No. 24-8 entitled, “A Resolution Authorizing the Contra Costa County Flood Control & Water Conservation District to Establish an Annual Parcel Assessment for FY 2024-25 for Drainage Maintenance and National Pollutant Discharge Elimination System (NPDES) Program.” The motion passed by unanimous vote of the Council.

AWARD OF A CONSTRUCTION CONTRACT – Residential Pavement Maintenance, Phase B: Concrete Improvements Project (Project Nos. 2607-2608)
A motion was made by Hoffmeister and seconded by Obringer to approve the following:

1. Award a Construction Contract in the not-to-exceed amount of $1,630,396.50 to TNB Construction, authorizing staff to utilize the available project contingency for contract change orders up to an additional 10% of the contract amount for the Residential Pavement Maintenance, Phase B: Concrete Improvements Project (Project Nos. 2607- 2608) located in Zone 4O in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal, and in Zones 5C & 5D in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive (this project installs concrete related roadway improvements ahead of future paving work); and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and

2. Authorize the City Engineer to accept the improvements upon completion of Residential Pavement Maintenance, Phase B: Concrete Improvements Project (Project Nos. 2607- 2608) and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT CALENDAR APPOINTMENT OF APPLICANT TO THE JOHN MUIR COMMUNITY HEALTH FUND BOARD – Aeysha Corio
A motion was made by Hoffmeister and seconded by Obringer to appoint applicant Aeysha Corio as the City of Concord's representative to the John Muir Community Health Fund Board for the remainder of a four-year term ending December 31, 2025, as recommended by the Council Committee on Youth and Education (Aliano/Hoffmeister). The motion passed by unanimous vote of the Council.

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City Council Minutes February 27, 2024
3 CITY COUNCIL CONSIDERATION ITEM
ADOPTION OF RESOLUTION NO. 24-9 – Accepting the Concord Tourism Improvement District’s 2022- 2023 Annual Report
Director of Economic Development and Base Reuse Guy Bjerke presented the staff report, provided a brief background, and explained that Council was being requested to adopt a Resolution accepting the Concord Tourism Improvement District’s 2022-2023 Annual Report. Mr. Bjerke then turned the presentation over to Beth Javens, Executive Director for Visit Concord, who provided an overview and update on Visit Concord’s activity over the past year, discussed travel and lodging industry news, 2023- 2024 KPI Goals, and provided a year to-date review for 2023-2024, including upcoming activities.

Following questions from the City Council, Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

Following discussion by the Council, a motion was made by Nakamura and seconded by Hoffmeister to adopt Resolution No. 24-9 entitled, “A Resolution Accepting the Concord Tourism Improvement District’s 2022-2023 Annual Report.” The motion passed by unanimous vote of the Council.

CITY COUNCIL PUBLIC HEARING
FISCAL YEARS 2023-24 AND 2024-25 MID-YEAR BUDGET ADJUSTMENTS Budget and Treasury Officer Donna Lee presented the staff report, reviewed the Council Priority Focus Areas and Tier 1 Priorities, and provided a prior year and current year budget overview, including General Fund and Measure V, the recommended mid-year budget adjustments for FYs 2023-24 and 2024-25, and the Rent Registry Master Fee Schedule Update. Budget and Treasury Officer Lee then turned the presentation over to Director of Finance Karan Reid who provided an update on American Rescue Plan Act (ARPA) funds. Director of Finance Reid turned the presentation back over to Ms. Lee who explained that Council was being requested to take the following actions: (1) adopt a Resolution amending the FY 2023-24 and 2024-25 Municipal Budgets, (2) adopt a Resolution adopting the City of Concord’s Salary Schedule Effective January 8, 2024, (3) adopt a Resolution to update the City’s Master Fees and Charges Schedule by amending Exhibit A to Resolution No. 78-6042 updating Rent Registry Fees, (4) adopt a Resolution amending Resolution No. 23-59 authorizing the disbursement of Cannabis Community Benefit Funds to partially fund one School Resource Officer, and (5) adopt a Resolution authorizing the use of Opioid Settlement Funds to contribute toward the cost of one School Resource Officer.

Following questions from the City Council, Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

Following discussion by the Council, a motion was made by Aliano and seconded by Obringer to adopt Resolution No. 24-10 entitled, “A Resolution Amending the Fiscal Years 2023-24 and 2024-25 Municipal Budgets.” The motion passed by unanimous vote of the Council.

A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 24-11 entitled, “A Resolution Adopting the City of Concord’s Salary Schedule Effective January 8, 2024, in Accordance with the Requirements of California Public Employees Retirement System (CalPERS) for a Publicly Available Pay Schedule.” The motion passed by unanimous vote of the Council.

A motion was made by Hoffmeister and seconded by Nakamura to adopt Resolution No. 24- 6042.3 entitled, “A Resolution Updating the City’s Master Fees and Charges Schedule by Amending Exhibit A to Resolution No. 78-6042 Establishing Fees and Charges for Various Municipal Services in the City of Concord by Updating Rent Registry Fees.” The motion passed by unanimous vote of the Council.

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City Council Minutes February 27, 2024
4 A motion was made by Nakamura and seconded by Obringer to adopt Resolution No. 24-12 entitled, “A Resolution Amending Resolution No. 23-59 Authorizing Disbursement of Cannabis Community Benefit Funds to Partially Fund One School Resource Officer.” The motion passed by unanimous vote of the Council.

A motion was made by Aliano and seconded by Nakamura to adopt Resolution No. 24-13 entitled, “A Resolution Authorizing the use of Opioid Settlement Funds to Contribute Toward the Cost of one School Resource Officer.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Letter to Secretary of Transportation Buttigieg, re: Contra Costa Transportation Authority’s 2024 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Application for Construction of Phase 4 of the Interstate 680/State Route 4 Interchange Project dated February 25, 2024
b. Agenda Item No. 2.a – Written Public Comment
c. Agenda Item No. 4.a – Concord Tourism Improvement District’s Annual Report – PowerPoint Presentation
d. Agenda Item No. 5.a – Mid-Year Budget – Benched Correspondence e. Agenda Item No. 5.a – Mid-Year Budget – PowerPoint Presentation

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on February 27, 2024, at 8:38 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 12 of 18 ends

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MARCH 5, 2024
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, March 5, 2024, with Mayor Birsan presiding. The pledge of allegiance was led by Councilmember Nakamura. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer, Edi Birsan
STAFF PRESENT: Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Stefanie Ananthan, Deputy City Clerk; Monique Robinson, Administrative Secretary; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Kevin Marstall, Director of Community Development; Will Tarbox, Director of Public Works; Jeff Rayos, Senior Administrative Analyst; Sophia Huckabay, Housing Manager; Kelly Rush, Housing Program
Analyst

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Vivian Boyd, Concord Historical Society; Blaine Carter, Concord; Randy Hopkins, Concord; Randolph Hopkins, Concord; Wendy Hershey, Concord; Joe McGuigan, Concord; Sreenivas
Ramireddy, Broadmoor Properties; Rev. Laura Eberly, Faith Alliance for a Moral Economy; David Schubb, Walnut Creek; Greg Brumley, Concord; Victoria Briseno, Walnut Creek; Jo Carlson, Walnut Creek; Jo Sciarroni, Concord; Tammy Chen; Chris Tipton, East Bay Rental Housing Association; Kristin Diaz, Concord; Jima Monson, Rising Juntos; Azucena Torres, Rising Juntos; Dalila Quirarte, Rising Juntos; Mary Ann Quinn, Concord; Reed Robertson, Concord; Rhovy Antonio, California Apartment Association; Derek Barnes, East Bay Rental Housing Association; Lisa Carbajal, Concord; John De Sousa, Concord; Maria De Sousa, Concord; Sacha Simpson, ReMax/Accord;
Cory Nickels, Concord; Quanah Parker Brightman, United Native Americans; Joe Stokley, Stokley Properties; Rev. Millie Phillips, EBASE/Faith Alliance for a Moral Economy; Christos Moulis, Concord; Maritza Llamos, Concord; Randy Hopkins, Concord; Randolph Hopkins, Concord; Bernice Chau, Walnut Creek; Juan Pablo Galvan Martinez, Concord; Deena Levine-Lipsell, Jewish Family & Community Services East Bay; Ken Kent, Concord; Galina Milman, Concord; Deepa Varma, Tenants Together; Betty Gabaldon, Todos Santos Tenants Union; Guadalupe Tolento, Todos Santos Tenants Union; Kristi Laughlin, EBASE; Rachita Rawal; Debra Ballinger, United Latino Voice; Jennifer Morales, Monument Impact; Vanessa Chena, Monument Impact; Eduardo

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City Council Minutes March 5, 2024
2 Torres, Tenants Together; Natalie; Noah Bush, Concord; Latrel Powell, Public Advocates; Renee Seaton

PUBLIC COMMENT PERIOD
Vivian Boyd, Concord Historical Society, presented a historical moment explaining how the City of Concord was first incorporated by Joseph Boyd and Herbert Elworthy.

Blaine Carter, Concord, spoke of his understanding of the Brown Act.

Randy Hopkins, Concord, expressed his desire for staff and Councilmembers to make decisions in the best interest of the residents, and to emulate neighboring cities that are thriving.

Randolph Hopkins, Concord, spoke of concern about the condition of the pavement on various streets throughout the City, and his desire for certain decisions impacting the City to be left for residents to decide.

Wendy Hershey, Concord, spoke in support of Zoom public comment during City Council meetings.

Joe McGuigan, Concord, spoke of his concern about traffic safety of Denkinger Road.

PRESENTATION
PROCLAMATION – National Prescription Drug Abuse Awareness Month Vice Mayor Obringer presented Julie Brand-Lockshin and Danielle Aubin, BAART Programs, a proclamation declaring March as “National Prescription Drug Abuse Awareness Month” in the City of Concord.

Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

ADOPTION OF RESOLUTION NOS. 24-14, 24-15, 24-16, AND 24-17 – Engineer’s Report for the levy of annual assessments for the City’s four Landscape and Lighting Maintenance Assessment Districts This item was pulled from consideration on the Consent Calendar by Councilmember Nakamura who recused herself from the item due to economic interest in real property resulting from proximity to her primary residence and left the dais for the entirety of the Consent Calendar.

Mayor Birsan opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 24-14 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Downtown Landscape Maintenance District.” The motion passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura

Page 14 of 18 ends

City Council Minutes March 5, 2024
3 A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 24-15 entitled, “A Resolution Ordering the Preparation of an Engineers Report for the Pine Hollow Landscape and Lighting Maintenance District.” The motion passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 24-16 entitled, “A Resolution Ordering the Preparation of an Engineer’s Report for the Landscape and Lighting Maintenance District No. 3.” The motion passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 24-17 entitled, “A Resolution Ordering the Preparation of an Engineer's Report for the Citywide Street Lighting Assessment District.” The motion passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura ADOPTION OF RESOLUTION NO. 24-18 – Pleasant Hill Landscaping and Lighting Assessment District No. 20, Commercial Area Landscaping and Lighting
A motion was made by Obringer and seconded by Aliano to adopt Resolution No. 24-18 entitled, “A Resolution Approving the Request of the City of Pleasant Hill to Allow Sunvalley Mall and Certain Other City of Concord Commercial Properties to be Included in Pleasant Hill Landscaping and Lighting Assessment District No. 20, Commercial Area Landscaping and Lighting.” The motion passed by the following vote:

AYES: Aliano, Hoffmeister, Obringer, Birsan NOES: None ABSENT: Nakamura Councilmember Nakamura returned to the dais.

CITY COUNCIL PUBLIC HEARING
ADOPTION OF ORDINANCE NO. 24-3 – Residential Rent Stabilization and Just Cause for Eviction Following questions from the Council, Mayor Birsan opened a public comment period.

The following people spoke in support of the proposed Ordinance releated to rent stabilization and just cause for eviction:

Rev. Laura Eberly, Faith Alliance for a Moral Economy
Jima Monson, Rising Juntos
Azucena Torres, Rising Juntos
Dalila Quirarte, Rising Juntos
Quanah Parker Brightman, United Native Americans
Rev. Millie Phillips, EBASE/Faith Alliance for a Moral Economy Juan Pablo Galvan Martinez, Concord
Deena Levine-Lipsell, Jewish Family & Community Services East Bay Ken Kent, Concord
Deepa Varma, Tenants Together

Page 15 of 18 ends

City Council Minutes March 5, 2024
4 Betty Gabaldon, Todos Santos Tenants Union
Guadalupe Tolento, Todos Santos Tenants Union
Kristi Laughlin, EBASE
Rachita Rawal
Debra Ballinger, United Latino Voice
Jennifer Morales, Monument Impact
Vanessa Chena, Monument Impact
Eduardo Torres, Tenants Together
Natalie
Latrel Powell, Public Advocates
The following people spoke in opposition of the proposed Ordinance related to rent stabilization and just cause for eviction:

Sreenivas Ramireddy, Broadmoor Properties
David Schubb, Walnut Creek
Greg Brumley, Concord
Victoria Briseno, Walnut Creek
Jo Carlson, Walnut Creek
Jo Sciarroni, Concord
Tammy Chen
Chris Tipton, East Bay Rental Housing Association
Kristin Diaz, Concord
Mary Ann Quinn, Concord
Reed Robertson, Concord
Rhovy Antonio, California Apartment Association
Derek Barnes, East Bay Rental Housing Association
Lisa Carbajal, Concord
Blaine Carter, Concord
John De Sousa, Concord
Maria De Sousa, Concord
Sacha Simpson, ReMax/Accord
Cory Nickels, Concord
Joe Stokley, Stokley Properties
Christos Moulis, Concord
Maritza Llamos, Concord
Randy Hopkins, Concord
Randolph Hopkins, Concord
Bernice Chau, Walnut Creek

Page 16 of 18 ends

City Council Minutes March 5, 2024
5 Galina Milman, Concord
Noah Bush, Concord
Renee Seaton
Mayor Birsan closed the public comment period.

Mayor Birsan recessed the meeting at 7:30 p.m. The meeting resumed at 7:43 p.m.

Mayor Birsan recessed the meeting at 8:15 p.m. The meeting resumed at 8:26 p.m.

Following discussion by the City Council, Council directed staff to put an item on a future agenda for consideration to discuss whether to put the component of Just Cause for Eviction for single family homes on the November 5, 2024, ballot.

Additionally, Council provided clarification and direction related to the addition of language to Exhibit A of the Ordinance, Section 19.40.040(c) pertaining to Allowable Annual Rent Increases from the February 13, 2024, Council meeting which read, “The Annual Allowable Rent Increase amount shall be reviewed annually by the City Council.” Staff was directed to put an item on a future agenda for consideration one year from the Ordinance effective date to provide information to Council on the status of the program, and if Council requests to implement changes to the program, staff would be further directed to move forward with a Public Hearing to introduce changes to the Ordinance, followed by Ordinance adoption.

A motion was made by Aliano and seconded by Obringer to adopt Ordinance No. 24-3 entitled, “An Ordinance Amending Concord Municipal Code Chapter 19.40 ‘Residential Tenant Protection Program’ to Increase ‘Just Cause’ Eviction Protections, Expand the City’s Rent Registry, and Establish a Rent Stabilization Program.” Ordinance No. 24-3 was introduced on February 13, 2024, by reading of the title only and waiving further reading. The motion passed by the following vote:

AYES: Aliano, Nakamura, Obringer, Birsan NOES: Hoffmeister

CORRESPONDENCE
a. Agenda Item No. 6.a – Letter to California Public Utilities Commission President Busching Reynolds re: Opposition relating to the Application of Pacific Bell Telephone Company d/b/a/ AT&T California (U1001C) for Targeted Relief from its Carrier of Last Resort Obligation and Certain Associated Tariff Obligations dated February 28, 2024 b. Agenda Item No. 5.a – Rent Stabilization and Just Cause for Eviction – Benched Correspondence

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

Page 17 of 18 ends

City Council Minutes March 5, 2024
6 ADJOURNMENT
By order of the Mayor, the meeting was adjourned on March 5, 2024, at 8:52 p.m.

EDI E. BIRSAN
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Page 18 of 18 ends

2. Authorizing the City Engineer to accept the improvements upon completion of Project No. 2666 and directing the City Clerk to file a Notice of Completion.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, 15301, 15302, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Citywide Sidewalk Repair project (City Project No. 2666) will construct sidewalk repairs on City owned facilities. The locations or streets included in the project are Baldwin Community Park, Bisso Lane, City Hall, Ellis Lake Park, and N 6th Street

4.b4.b4.b4.b

Page 1 of 9 ends

City Council Agenda Report
Agenda Item No. 4.b
March 26, 2024
between Willow Pass Road and Bonifacio Drive (See Attachment 1). Project improvements include sidewalk, curb and gutter, and tree root protection.

The project has been designed and competitively bid; and is at the point of construction contract award. If award is approved by the City Council, project construction is expected to begin in July 2024 and be completed in August 2024, weather permitting.

Recommended Action

1. Award a construction contract in the amount of $235,753 to Villalobos & Associates Inc. of Campbell, CA for the Citywide Sidewalk Repair (Project No. 2666); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 30% of contract amount, and authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determination as provided in this staff report (Funded by Measure V Funds); and

2. Authorize the City Engineer to accept the improvements upon completion of Project No. 2666, and direct the City Clerk to file a Notice of Completion.

Background
The Citywide Sidewalk Repair project (Project No. 2666) was approved by the City Council (Council) in June 2022 as part of the Two-Year Capital Improvement Program budget adoption. The specific scope of work for Project No. 2666 (Project) includes sidewalk repair in five areas around the City of Concord (City). The Project is part of the on-going effort to address damaged or uplifted sidewalk within City owned facilities. The Project, as bid, includes a Base Bid that includes Baldwin Community Park and N 6th Street, and Additive Bid #1 that includes City Hall, Bisso Lane, and Ellis Lake Park.

Procurement Process
The Project was advertised for construction bids as required by State law and City policy. The Engineer’s Estimate for the Total Bid is $350,000. Bids were opened on February 15, 2024. Ten (10) bids were received in the amount ranging from $235,753.00 to $465,146.25. The basis of award for the Project is the Total Bid (Base Bid pus Additive Bid #1). The lowest bid was received from Villalobos & Associates Inc. of Campbell, CA (Villalobos). A summary of the three lowest bids is as follows:

BID

SCHEDULE
Engineer's
Estimate
Villalobos &
Associates Inc.

MCE
Corporation
Kerex
Engineering
Base Bid $285,000 $176,286 $200,810 $198,146
Additive
Bid #1
$65,000 $59,467 $62,022.50 $65,919
Total Bid $350,000 $235,753 $262,832.50 $264,065

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City Council Agenda Report
Agenda Item No. 4.b
March 26, 2024
Villalobos was the low bidder and submitted a responsive and responsible bid.

Villalobos has an appropriate and valid contractor’s license and satisfactory work references.

City staff (Staff) completed analysis of Villalobos’ bid, determining that the firm possesses an appropriate and valid license, and is not on any debarred lists. Villalobos is registered with the Department of Industrial Relations as required by SB 854. Should Council award this contract, the Total Bid (Base Bid plus Additive Bid #1) will be constructed.

Financial Impact
The current total budget for the Project is $500,000 and is funded by Measure V Funds (Fund 407). There are sufficient funds to award the construction contract, provide for a 30% construction contingency, provide for construction management, inspection and testing services, and staff oversight.

Since the total bid received was well under the engineer’s estimate, Staff made the decision to use a higher than typical contingency amount (30%) in order to allow for flexibility in addressing additional sidewalk needs within the work areas due to the favorable unit pricing that was received.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to Land, as it involves constructing curb ramps where there is existing sidewalk, striping, and minimal paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Bid Summary

3. Construction Contract

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Attachment 1

Location Map

Citywide Sidewalk Repair (Project 2666)

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City of Concord
Bid Sheet
PROJECT #2666 Bid Opening:

Citywide Sidewalk Repair Thursday,
February 15, 2024
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $350,000 To be awarded:

COMPANY TOTAL BID
Villalobos & Associates Inc.

P.O. Box 11004
Campbell, CA 95011
$235,753.00
MCE Corporation
4000 Industrial Way
Concord, CA 94520
$262,832.50
KEREX Engineering
P.O. Box 23831
Pleasant Hill, CA 94523
$264,065.00
Sposeto Engineering Inc.
4558 Contractors Place
Livermore, CA 94551
$264,626.00
CEAU Company
9651 C. St.

Oakland, CA 94603
$283,798.00
$279.970.00
Sandstone Environmental Engineering Inc.
314 Anderson Ln.

Oakley, CA 94561
$298,067.00
$298,121.00
QLM Inc.
94 Umbargar Rd.

San Jose, CA 95111
$301,111.00
FBD Vanguard Construction Inc.
550 Greenville Rd.

Livermore, CA 94550
$368,651.00
Attachment 2

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COMPANY TOTAL BID
Frontline General Engineering Construction Inc.
16440 Ashland Ave.

San Lorenzo, CA 94580
$399,537.00
$370,934.00
B&M Builders Inc.
11330 Sunrise Park Dr. Ste. C
Rancho Cordova, CA 95742
$476,385.00
$465,146.25
Con
tact: Tianjun Cao x3243

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CONTRACT
THIS CONTRACT, made and entered into this March 26, 2024, between the CITY OF CONCORD, a general law city in Contra Costa County, California, hereinafter called "City", and Villalobos & Associates Inc., P.O. Box 110004, Campbell, CA, 95011, hereinafter called "Contractor", for Citywide Sidewalk Repair, Project No. 2666.

1. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds attached hereto, the Contractor agrees with the City, at its his own cost and expense, to do all the work and furnish all the materials, except such as may be furnished by the City, as set forth in the Specifications, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City the following work: mobilization, traffic control, storm water pollution control, clearing and grubbing, curb and gutter, and sidewalk,; and all other work shown on the Plans and such other items or details that are required by the Plans, and specified in the Special Provisions, and also in accordance with all provisions of the 2022 edition of the State Standard Specifications, which said Special Provisions and State Standard Specifications are hereby specially referred to and by such reference made a part hereof.

The work to be done is shown on the Plans provided to Contractor in connection with the work to be performed hereunder, which Plans are hereby made a part of this contract.

2. The Contractor agrees to receive and accept $235,753 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruction which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer under them.

3. The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions as provided; and the said parties for themselves, their heirs, Attachment 3

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executors, administrators, successors and assigns, do hereby agree to the full performance of the cov
enants herein contained.

4. Contractor is an independent contractor and is solely responsible for all acts of its employees, agents, or subcontractors, including any negligent acts or omissions. Contractor is not City’s employee and Contractor shall have no authority, expressed or implied, to act on behalf of the City as an agent, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Contractor.

5. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing.

6. The Contract Documents, including but not limited to SP 9.09, are intended to provide the exclusive procedures for submission and resolution of Claims of any amount and apply in addition to the provisions of Public Contract Code § 9204 and §§ 20104 et seq., which are incorporated by reference herein.

7. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract.

8. If any term of the Contract Documents (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Contract Documents shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this section shall not apply to the extent that enforcement of the Contract Documents without the term would be grossly inequitable under all the circumstances or would frustrate the purposes of the Contract Documents.

9. Time is of the essence to the terms of this contract.

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NOTICE TO CONTRACTOR: If a corporation, attach a certified copy of the Bylaws or the Resolution of the Board of Directors authorizing execution of this contract and the bonds required hereby.

IN WITNESS WHEREOF, the parties to these presents have executed this contract the year and date first above written.

Villalobos & Associates Inc.
a California corporation

By:___________________________________
Contractor

CITY OF CONCORD,
a municipal corporation

By:___________________________________
Mayor
Email:_________________________________

APPROVED AS TO FORM:

By:__________________________________
City Attorney
ATTEST:

By:__________________________________
City Clerk

FINANCE DIRECTOR FUND CERTIFICATION

GL CODE ACCOUNT CODE AMOUNT
407-9500-C999-74200 407-2666-115-74200 $235,753.00

I hereby certify that adequate funds exist or will be received during the 2023-24 Fiscal Year to pay for the anticipated expenses to be incurred pursuant to this contract.

Director of Finance

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Staff Report
Date: March 26, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering approval of an Agreement for Professional Services with Swinerton Management and Consulting in the not-to-exceed amount of $647,424 (base agreement of
$539,520 plus staff authority to spend up to a 20% contingency of $107,904) to provide construction management, inspection, and materials testing services for the Residential Pavement Maintenance, Phase B Project (Project Nos. 2607-2608) located in Zone 4O in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the
Contra Costa Canal, and in Zones 5C & 5D in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive; and authorizing the City Manager to execute the agreement in a form
acceptable to the City Attorney. (Funded by Measure V)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15282, 15378, 15301, 15302, 15303, 15304, and Public Resources Code (PRC) Sections
21065, and/or PRC Section 21080.19.

Report in Brief
Residential Pavement Maintenance, Phase B (Project) consists of Pavement Maintenance - Zone 4O (Project No. 2607) located in Zone 4O in central Concord

4.c4.c4.c4.c

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City Council Agenda Report
Agenda Item No. 4.c
March 26, 2024
between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal, and Pavement Maintenance - Zones 5C & 5D (Project No. 2608) in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive. The projects will install pavement treatments as well as concrete improvements in two residential neighborhoods. See Attachment 1 for location maps.

The project has been designed and will be competitively bid in Winter/Spring 2024 and will be at the point of construction contract award in Winter/Spring 2024. After award is approved by the City Council, project construction in the field is expected to begin in Spring/Summer 2024 and be completed by Summer/Fall 2024.

Construction of Residential Pavement Maintenance, Phase B (Project Nos. 2607-2608) consists of, in general, pavement rehabilitation; mobilization; traffic control; water pollution control program; clearing, grubbing and root pruning; removal, replacement, construction and modification of concrete sidewalk, curb, gutter, curb ramps, driveways, valley gutters and accessible parking stalls; removal of asphalt roadway; placement of hot mix asphalt materials; lowering and/or adjusting utility covers to finish grade; removal and replacement of roadside signs and posts; painted traffic striping pavement markings and curb markings; and all other work shown on the Plans and as specified in the Special Provisions.

Construction management, inspection, and materials testing services are needed to ensure work during construction by the contractor is performed and completed in a manner satisfactory to the project contract documents and the City.

Recommended Action
Approve an Agreement for Professional Services with Swinerton Management and Consulting in the not-to-exceed amount of $647,424 (base agreement of $539,520 plus staff authority to spend up to a 20% contingency of $107,904) to provide construction management, inspection, and materials testing services for the Residential Pavement Maintenance, Phase B Project (Project Nos. 2607-2608) located in Zone 4O in central Concord between Clayton and Cowell Roads and between Mesa Street/Oakland Avenue and the Contra Costa Canal, and in Zones 5C & 5D in North Concord, immediately south of Highway 4, including Peralta Road and between Highway 242 and Hillsborough Drive; make the CEQA determinations as provided in this staff report; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
On June 1, 2021, Council approved an updated Five-Year Pavement Expenditure plan (5-Year Plan). Collectively Project No. 2607 and Project No. 2608 were grouped administratively under Residential Pavement Maintenance – Phase B.

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City Council Agenda Report
Agenda Item No. 4.c
March 26, 2024
On June 2, 2022, Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2022-23 and 2023-24, updated with a mid-cycle update, which included funding of the Residential Pavement Maintenance – Phase B (Project) as follows:
 Pavement Maintenance – Zone 4O (Project No. 2607) will focus on pavement treatments in a residential area in Pavement Maintenance Zone 4O. Treatments such as cape seals, thin maintenance overlay (TMO), and related treatments are to be considered, as well as curb ramp improvements. The project construction is funded for Fiscal Year 2023-24 with $2,806,000 of Measure V Projects (Fund 407) funds.
 Pavement Maintenance – Zones 5C & 5D (Project No. 2608) will focus on pavement treatments in residential areas in Pavement Maintenance Zones 5C and 5D. The two Pavement Maintenance Zones are combined due to their proximity. Treatments such as cape seals, thin maintenance overlay (TMO), and related treatments are to be considered, as well as curb ramp improvements.

The project construction is funded for Fiscal Year 2022-23 with $3,849,000 of Measure V Projects (Fund 490) funds.

On November 8, 2022, City Council awarded Pavement Engineering Inc. (PEI) design engineering and related services for Residential Pavement Maintenance – Phase B. In November 2023 nearing design completion of the project, the project was separated into the concrete improvements project, paving project, and Northwood Drive project in an effort to improve bid results due to lower unit costs and reduced markups from a prime contractor (a prime contractor manages a subcontractor or subcontractors).

On January 25, 2024, the concrete improvements project was competitively bid, and City Council awarded the construction contract on February 27, 2024. Project construction in the field is expected to begin in April 2024 and be completed by July 2024.

The paving and Northwood Drive projects have been designed and will be separately competitively bid in April 2024, and will be at the point of construction contract award in May 2024. If award is approved by the City Council, project construction in the field is expected to begin in July 2024 and be completed by September 2024.

The consultant to be awarded the agreement for construction management, inspection, and materials testing services will be managing all three separate projects.

On September 13, 2016, the City Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. Project Nos. 2607-2608 will be subject to the requirements of the Project Stabilization Agreement as the construction costs exceeds $750,000. Swinerton and their material testing sub-consultant Ninyo & Moore, has agreed to be bound to the Citywide Project Stabilization Agreement.

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City Council Agenda Report
Agenda Item No. 4.c
March 26, 2024
Procurement Process
Professional Services Agreement for Construction Management Before the construction bid period, Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services on January 8, 2024, for Residential Pavement Maintenance, Phase B (Project Nos. 2607-2608). The RFP was advertised in the local newspaper and on the City’s Procurement Website. Five (5) proposals were received, and the staff Selection Panel evaluated the proposals and interviewed the short list of Proposers. Based on Swinerton Management and Consulting’s (Swinerton) superior proposal and interview, including project approach, proposed staffing, and relevant work experience, Staff recommends the agreement be awarded to Swinerton.

Staff negotiated the scope of work and cost for the services and agreed upon $539,520.00 as a fair and reasonable compensation for the services needed to complete the construction phase of this project. Staff is recommending to add a 20% contingency to this contract due to the contract covering the concrete work and two paving contracts. It is planned that these contracts will be ahead of each other but in case additional inspection/management is needed due to overlapping schedules, the 20% contingency should be adequate to cover.

Financial Impact
This is a Measure V Bond funded project. There are enough funds in the budget to award construction management, inspection, and materials testing services for Residential Pavement Maintenance, Phase B (Project Nos. 2607-2608).

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060 (c), 15061 (b)(3), 15273, 15282, 15378, Public Resources Code (PRC) Sections 21065, and/or PRC Section 21080.19 award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council award of the construction contract.

Public Contact
The City Council Agenda was posted.

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City Council Agenda Report
Agenda Item No. 4.c
March 26, 2024
Attachments

1. Project Location Map

2. Professional Services Agreement with Swinerton Management and Consulting for Residential Pavement Maintenance, Phase B (Project Nos. 2607-2608), with Exhibit A – Fee Proposal

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Attachment 1
Project Location Map
Residential Pavement Maintenance – Phase B
City Project Nos. 2607 & 2608
PJ 2608
PJ 2607

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Project Location Map
Pavement Maintenance - Zone 4O - Project No. 2607

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Project Location Map
Pavement Maintenance - Zones 5C & 5D - Project No. 2608

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AGREEMENT FOR PROFESSIONAL SERVICES

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THIS AGREEMENT ("Agreement") is entered into on March 26, 2024, between the City of Concord, a California municipal corporation, ("CITY") and Swinerton Management and Consulting, Inc., 2001 Clayton Road, Concord, CA 94520 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TER M. This Agree ment shall commence on March 26, 2024, and expire on June 30, 2025.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative , CONSULTANT shall perform the Construction Management and Testing services for PJ 2607-2608: Residential Pavement Maintenance - Phase B described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed six-hundred forty- seven thousand four -hundred twenty-four dollars and zero cents ( $647,424.00) for the term of this Agreement. The total includes the sum of the base contract of five -hundred thirty-nine thousand five hundred twenty dollars and zero cents ($539,520.00) and a 20% contingency of one- hundred seven thousand nine hundred four dollars and zero cents ($107,904.00). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall i
nclude adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within forty -five (45) days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall Attachment 2

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not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUT HORIZED REPRESENTATIVES . Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Carlton Thompson, City Engineer of the Community Development Department. The CONSULTANT’s authorized representative is Jeffrey S. Gee, AIA, Principal In Charge.

5. AM
ENDMENT TO AGREEMENT . This Agreemen t may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

A. A mendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21- 43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026- 27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that

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CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

7. S
TANDARD OF PERFORMANCE . CONSULTANT rep resents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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8. PERFORMANCE BY CONSULTANT . CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY .

Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT . CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY . Unless otherwise expressly agreed by the CITY , CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS.

All documents furnished
by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.

C
ONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.

10. I
NDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

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B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.

11. I
NSURANCE . CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties . These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

12. T
IME OF PERFORMANCE . The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

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photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination , all of which shall become CITY’s sole property. After receipt of the Work Materials , CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

15. CO MPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:

A. E qual Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law . Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notifie d by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.

16. CO
NFLICT OF INTEREST .

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT ’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY . CONSULTANT agrees

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to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) P ossesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. CO
MPLIANCE WITH LAWS . CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.

18. CHOICE OF LAW.

This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

19. NON-W
AIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

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Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

21. I
NTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discuss ions between CONSULTANT and CITY, whether oral or written.

22. SUCCESSORS AND ASSIGNS :

NO THIRD -PARTY BENEFICIARIES; NO
JOINT VENTURE . CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY 's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS.

Records of CONSULTANT’s direct labor costs, payroll
costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.

24. NOTICES.

All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY 's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

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To CITY: Carlton Thompson,
City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3182
Email: [email protected]

To CONSULTANT: Jeffrey S. Gee, AIA
Principal In Charge
Swinerton Management and Consulting
2001 Clayton Road
Concord, Ca 94520
Phone: (650) 483-7412
Email: [email protected]

25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY , or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. E XECUTION. Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.

This Agreement may be executed in several counterparts, each of which shall constitute one and t
he same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.

27. P ROJECT STABILIZATION AGREEMENT . On November 15, 2016 the City of Concord, and the Contra Costa Building and Construction Trades Council and its affiliated Unions, entered into a Project Stabilization Agreement (“PSA”) for City construction projects funded in whole or in part with City of Concord funds where the engineer’s estimate or bid amount exceeds $750,000.00 (“Project”). Among other things, the PSA includes requirements for local hire, apprentices, and the veteran Helmets to Hardhats program. Some or all of the work under this Agreement may constitut e

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Covered Work under the PSA, and the PSA requires that Contractor/Employers who enter into a City Construction Contract for any Project sign an “Agreement to be Bound” (Addendum A to the PSA).

Therefore, as a condition of this Agreement, CONSULTANT must (i) sign the Agreement to be Bound, and (ii) require and ensure that affected contractors and subcontractors at any tiers sign the Agreement to be Bound. CONSULTANT acknowledges that it has received copy of the PSA, and has read, understood, and had the opportunity to consult with an attorney regarding the PSA. Capitalized terms in this provision are defined in the PSA; a copy of the PSA is attached hereto as Exhibit C; the original PSA is lodged with the Concord City Clerk, 1950 Parkside Drive, Concord, CA; and additional copies of the PSA may be obtained based on City’s actual costs.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation

By:_________________________________ By:______________________________ Name: Jeffrey S. Gee Name: Valerie J. Barone
Title: Principal In Charge Title City Manager
Address: 2001 Clayton Road Address: 1950 Parkside Drive Concord, Ca 94520 Concord, CA 94519 Telephone: (650) 483-7412 Telephone: (925) 671-3150
Email: [email protected]

APPROVED AS TO FORM: ATTEST:

Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk

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FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR (2023/24) TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $647,424.00.

Account Code:
407-9500-C999-74250 / 407-2607-117-74250.

Finance Director's Signature

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EXHIBIT “B”

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

3. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

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If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

The policies are to contain, or be endorsed to contain the following provisions:

1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.

2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.

3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.

4. Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.

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Exhibit A to Attachment 2

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2. Approval of an amendment to a Professional Services
Agreement for construction management in the amount of
$21,715 (for a new not-to-exceed amount of $451,715) with Dewberry Engineers Inc.; and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, Guidelines Sections 15060(c)(2),
15060(c)(3), 15061 (b), 15273, and/or 15378.

Report in Brief
Ghilotti Bros Inc. of San Rafael, CA (Ghilotti) has completed all work associated with the Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424) (Project) and has provided the required one-year construction warranty bond.

4.d4.d4.d4.d4.d

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City Council Agenda Report
Agenda Item No. 4.d
March 26, 2024
The Project improvements included constructing various sidewalk improvements, aesthetic improvements, new street lighting and upgrades to existing street lighting, bicycle improvements, bio-retention, and traffic signal improvements along Broadway Street, Salvio Street, Grant Street, and Oak Street within the Downtown area. See attached location map (Attachment 1).

A Professional Services Agreement (PSA) with Dewberry Engineers Inc. (Dewberry) was brought to Council on February 14, 2023, for construction management of the Project with a $430,000 not-to-exceed budget and a service end date of June 2024.

This first amendment to the PSA is being recommended due to additional inspection services needed including overtime to cover days with both day and night work, along with additional working days on the Project.

Recommended Action

1. Accept improvements for the Downtown Corridors Bicycle and Pedestrian Improvement Project (Project No. 2424) located along Broadway Street, Salvio Street, Grant Street, and Oak Street; and direct the City Clerk to file a Notice of Completion; and

2. Approve an amendment to a Professional Services Agreement for construction management in the amount of $21,715 (for a new not-to-exceed amount of $451,715) with Dewberry Engineers Inc.; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
On January 10, 2023, the City Council awarded the Project construction contract to Ghilotti in the amount of $3,546,189.75. The construction management agreement with Dewberry was awarded on February 14, 2023, in the amount of $430,000. Construction for the Project began in March 2023.

The scope of the Project included constructing various sidewalk improvements, aesthetic improvements, new street lighting and upgrades to existing street lighting, bicycle improvements, bio-retention, and traffic signal improvements along Broadway Street, Salvio Street, Grant Street, and Oak Street within the Downtown area.

Construction for the Project was completed within the allotted budget.

The first amendment to the PSA with Dewberry covers additional inspection services needed for a two-week period where there was both day and night work on the project, in addition to covering costs associated with additional working days provided to the contractor through change order work.

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City Council Agenda Report
Agenda Item No. 4.d
March 26, 2024
Analysis
Ghilotti has completed all improvements for the Project and City staff (Staff) has inspected the work, which is in compliance with the project plans and specifications.

Ghilotti has provided the 10% warranty bond, which guarantees the work from material and workmanship defects for one (1) year.

Staff negotiated with Dewberry and agreed upon the additional cost for their extra services of $21,715. The additional cost is for inspection services that have already occurred. This will result in a new not-to-exceed total of $451,715 for the agreement.

Financial Impact
The construction contract was completed in the amount of $3,829,292.15, which is within the original construction contract, and within the approved 10% contingency.

The total budget for this project is $4,495,000 and is funded by Affordable Housing and Sustainable Communities Grant funds (Fund 402) and Measure V funds (Fund 407).

There are sufficient funds in the project budget for the construction management amendment described in this report.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(2), 15061 (b)(3), 15273, and/or 15378, an amendment to an agreement is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project”, does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption was filed on October 1, 2019.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. First Amendment to Professional Services Agreement (PSA) with Dewberry Engineers Inc., with Exhibit A – Fee Estimate

3. Notice of Completion

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Attachment 1
Location Map
Downtown Corridors Bicycle and Pedestrian Improvement Project (Project 2424)

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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 This First Amendment to Professional Services Agreement (“First Amendment”) is entered into on this date, March 26, 2024, and amends the Professional Services Agreement, Agreement No. 6006, between the City of Concord (“CITY”) and Dewberry Engineers, Inc. (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No.6006, dated February 14, 2023 (the “Agreement”), wherein CONSULTANT agreed to provide Construction Management, Inspection, and Materials Testing Services.

WHEREAS, the parties hereto desire to amend the agreement to provide for additional compensation;
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 3 "PAYMENT" is hereby amended to read as follows: The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules described in Exhibit A.

However, in no event shall the amount CITY pays CONSULTANT exceed four- hundred fifty one thousand seven hundred fifteen dollars ($451,715) for the term of this Agreement.

2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.

Signatures on the following page.

Attachment 2

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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 Dated: ___________ Dewberry Engineers Inc.

BY: ________________________
Howard Zabell, Associate Vice President
Dated: ___________ CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/2024 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $21,715.00. Account Code
4079500C999-74250 / 4072424117-74250.

Finance Director's Signature

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February 21, 2024
Tianjun Cao, PE
Associate Civil Engineer
City of Concord
1950 Parkside Drive, MS/40
Concord, CA 94519
RE: Downtown Corridors Bicycle & Pedestrian Improvement Project PJ 2424 - Budget Amendment Request Dear Tianjun,
Per our past discussions, Dewberry is seeking a budget amendment for the Construction Management services provided on the Downtown Corridors Bicycle & Pedestrian Improvement Project, City Project No. PJ 2424. This amendment is being requested due to a series of events which were beyond our control. Events contributing to additional time and costs being expended on the project include the following:

Extended Project Length: The project duration extended beyond the planned completion date resulting in additional time required for inspection, resident engineering, and office engineering services.

Premium Time Spent on the Project: Dewberry was asked to provide overtime inspection services for extended day and night work which was required by the contractor’s schedule.

Engineering support: Dewberry supported the City and designer by collecting data and providing input on several plan changes experienced on the project.

These events were not anticipated in our original scope of services. Subsequently, Dewberry hereby requests a contract amendment be issued to cover our unanticipated costs as summarized below.

AMENDMENT SUMMARY
Remaining Contract Budget as of 12/08/2023 $285.00
Cost to Complete (12/9/23-2/29/2024) $22,000.00
Amendment Request $21,715.00
CONT

RACT SUMMARY
Task Original Contract
Amount Amendment Request Revised Contract
Amount
Construction Management $430,000.00 $21,715.00 $451,715.00 Plea
se contact me if you have any questions. I can be reached via cell phone at (925) 808-9927.

Sincerely,
Rob Shackelford, PE, CCM
Project Manager/Resident Engineer
Exhibit A to Attachment 2

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RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City Clerk
City of Concord
1950 Parkside Drive MS/03
Concord, CA 94519

APN(s): __ _n/a
(Space Above This Line for Recorder’s Use Only)
[Exempt from recording fee per Gov. Code § 27383]

NOTICE OF COMPLETION
(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)
A. The City of Concord, a California municipal corporation, entered into a written contract with Ghilotti Bros Inc. (Contractor) dated January 10, 2023. The surety on said contract is held by The Hartford, One Hartford Plaza, Hartford CT, 06155.

B. NOTICE IS HEREBY GIVEN THAT:
(1) The name and address of the owner or reputed owner are:

City of Concord, 1950 Parkside Drive, Concord, CA 94519-2578 (2) The name and address of the direct contractor are:

Ghilotti Bros Inc., 525 Jacoby St, San Rafael, CA 94901, (3) The name and address of the construction lender, if any, are:

Not applicable
(4) A description of the site sufficient for identification, including the street address of the site, if any, follows:

The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: Broadway Street and Salvio Street between Harrison Street and Grant Street, Grant Street between Salvio Street and Willow Pass Road, and Oak Street between Grant Street and Galindo Street.
(5) The name, address, and relationship to the parties of the person giving the notice:

City of Concord, a California Municipal Corporation, 1950 Parkside Drive, Concord, CA 94519; person giving notice and owner.
(6) The person giving this notice is not a claimant
(7) This notice is given for (check one):

X Completion of the work of improvement as a whole.
___ Completion of a contract for a particular portion of the work of improvement. If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in California Civil Code Section 8186, provide the following information:
(a) T he name and address of the direct contractor under that contract: See item B(2), above. (b) A general statement of the work provided pursuant to the contract: See item A above. (8) If signed by the owner’s successor in interest, the name and address of the successor’s transferor:

Not applicable
(9) The nature of the interest or estate of the owner: Easement (10) The date of completion: March 26, 2024

I, Carlton Thompson, PE, say I am the City Engineer for the City of Concord, owner of the aforesaid interest or estate in the property described in the above Notice of Completion, and as such, make this verification on behalf of City of Concord; and that I have read the above Notice of Completion and know the contents thereof and that the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ___________________________, 20____, at
Concord, California
______________________________________
Carlton Thompson, PE, City Engineer (Signature)
ATTEST:
______________________________________
Joelle Fockler, MMC
City of Concord City Clerk

ATTACHMENT 3

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Staff Report
Date: March 26, 2024
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Kevin Marstall, PE, Director of Community Development [email protected]
(925) 671-3257
Subject: Considering approval of an Agreement for Professional Services with Open Counter Enterprises, Inc. (an online zoning and permitting assistance software system) in an amount not to exceed $236,256 for a five-year subscription (December 1, 2023 to November 30, 2028); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Technology Fee Fund)
CEQA: Not a project and/or exempt from CEQA per CEQA
Guidelines Section 15060(c)(2), 15378, and/or 15061(b)(3).

Report in Brief
Since December 2018, Open Counter Enterprises, Inc. has been providing software that helps streamline service delivery to the residents of the City of Concord, guiding applicants through the entitlement and permitting processes. The software provides a unique tool that allows any member of the public to, among many other things, check the zoning and allowable uses on a parcel, to check the requirements for starting a business, and to find the process and fees associated with a home improvement project. This agreement continues these efforts through November 30, 2028.

Recommended Action
Approve an Agreement for Professional Services with Open Counter Enterprises, Inc. (an online zoning and permitting assistance software system) in an amount not to exceed $236,256 for a five-year subscription (December 1, 2023 to November 30, 2028); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

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City Council Agenda Report
Agenda Item No. 4.e
March 26, 2024
Background
The Community Development Department, which includes Planning, Building, Engineering, and Housing & Community Services Divisions, regulates land use and development throughout Concord and provides a variety of services, including providing significant service to the public on permitting and business development. The Permit Center, a “one-stop shop” where the public can access planning, housing, engineering, and building services, serves thousands of permit applicants and potential permit applicants each year. Much of the work performed at the Permit Center entails guiding potential applicants through the permit process and answering questions into potential opportunities for development. This work is an essential component of the City's economic development mission.

Open Counter is a San Francisco-based software firm, founded on a goal of building modern tools to assist cities to streamline service delivery, and promote economic development. Open Counter is used in more than 40 cities nationally, including Walnut Creek, Fremont, Palo Alto, Novato, and Oakland. The Open Counter Platform streamlines service delivery to residents.

The Open Counter Platform consists of a Zoning Portal, Business Portal, and a Residential Portal. The Zoning Portal helps applicants understand zoning of properties where construction or businesses are proposed, guides applicants through the Zoning Code, using a series of targeted questions, and displays individualized land use regulations in a browser format and tailors information in order to be more responsive to citizen inquiries.

The Business Portal helps prospective business owners and entrepreneurs understand the costs and processes necessary to start, expand, or relocate a business in Concord.

This portal assists in site selection, permit requirements, and costs, including estimates for the cost of a business license and various permits associated with tenant improvements.

The Residential Portal walks homeowners through the rules and regulations regarding residential additions, alterations, and new construction, and helps homeowners plan their projects by communicating the process and fees in a site-specific, straightforward format.

In addition to the portals described, Open Counter is integrated with the City's Geographic Information System (GIS), providing frequently-updated map information such as parcels, zoning, general plan land use, and other information.

Analysis
The Department seeks to continue the license for the web-based Open Counter Platform, to enhance public interaction and transparency with Planning, Building, Engineering, and Housing. The result is an increase in clarity in the process, providing a

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City Council Agenda Report
Agenda Item No. 4.e
March 26, 2024
significant increase in access to a wealth of site-specific information to assist the public in navigating the entitlement and permitting processes, a reduction in trips to City offices, more knowledgeable applicants, and an increase in efficiency for City staff.

At the time of the original contract, staff had reported that two of their top phone call, email, and in-person requests from the community were for zoning details and for fee estimates, two functionalities that the City did not at the time offer electronically. In addition, the development community continually requested that the City develop more effective ways to better – and more efficiently – predict the process to open a new business and invest within the City.

Open Counter allows applicants, working online, to review the process and costs of a project. Open Counter has improved the accessibility of information to the public and customer service and aligns with Concord’s pledge to be a Business-Friendly City.

In 2023, the Open Counter website served over 4,000 customers, which included 1,778 zoning lookups and 17,946 scoping questions, representing a significant savings in staff time.

City staff has cooperatively negotiated an agreement with Open Counter for a five-year subscription period. The software subscription cost for the first year is $44,500 and thereafter increases by 3% per year, totaling $236,256 for the five-year term. Therefore, pursuant to the City’s procurement policy, because the amount of the total five-year contract is over the $75,000 threshold, City Council approval is required.

Financial Impact
Funds are available in the Technology Fund, which is funded by a technology fee surcharge on permits. Concord, like most California cities, has a technology fee surcharge on its permits, to allow the City to employ modern technologies in support of the permitting process. This allows the cost for Open Counter to be paid for on an annual basis from revenues generated through the permitting process, which are segregated into the Technology Fund.

Environmental Determination
This activity does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA Guidelines Section 15060(c)(2) and CEQA Guidelines Section 15378; if a project for CEQA analysis, this design activity falls within the Common Sense CEQA Exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”.

Public Contact
The City Council Agenda was posted.

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City Council Agenda Report
Agenda Item No. 4.e
March 26, 2024
Attachment

1. Professional Services Agreement with Open Counter Enterprises, Inc., with Exhibit A – Open Counter Rate & Schedules

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AGREEMENT FOR PROFESSIONAL SERVICES

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THIS AGREEMENT ("Agreement") is entered into on December 1, 2023 between the City of Concord, a California municipal corporation, ("CITY") and Open Counter Enterprises, Inc., 131 Dartmouth St., 3rd Floor, Boston, MA 02116 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agree ment shall commence on December 1 , 2023 and expire on November 30, 2028.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

CONSULTANT may submit monthly statements for services rendered ; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within forty-five (45) days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES . Authorized representatives shall represent Attachment 1

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CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Kevin Marstall, Director of Community Development for the Community Development Department . The CONSULTANT ’s authorized representative is Linh Vuong, Director, Business Product Management.

5. AMENDMENT TO AGREEMENT . This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throu ghout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21 -43 pursuant to Con cord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026 -27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

6. INDEPENDENT CONTRACTOR . Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the

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CONSULTANT performs this Agreement and shall only dictate the results of the performance.

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY , and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non - standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, per sonal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

7. STANDARD OF PERFORMANCE . CONSULTANT rep resents and warrants to CITY that CONSULTANT is skilled and able to provide such service s described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONSULTANT . CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the pr ior written approval of the CITY.

Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party

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other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees aris ing out of such unauthorized reuse.

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.

10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimbur se the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

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other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.

11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit A entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.

12. TIME OF PERFORMANCE . The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the o ther party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the eff ective date of such termination , all of which shall become CITY’s sole

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property. After receipt of the Work Materials , CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

15. COMPLIANCE WITH CIVIL RIGHTS . During the performance of this contract, CONSULTANT agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law . Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express writ ten consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONSULTANT is not a designated employee within the meaning of the Political

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Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. COMPLIANCE WITH LAWS . CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the s ame or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the

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ground that said party was solely or primarily responsible for drafting the language to be interpreted.

21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discuss ions between CONSULTANT and CITY, whether oral or written.

22. SUCCESSORS AND ASSIGNS : NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE . CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest i n the Agreement without the CITY's prior written consent, wh ich consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS . Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or r egistered mail, return receipt requested, or by personal delivery to the CITY's address as shown bel ow, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CITY: Kevin Marstall, Director of Community Development Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3257
Email: [email protected]

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To CONSULTANT: Linh Vuong, Director, Business Product Management Open Counter Enterprises, Inc.
131 Dartmouth St., 3rd Floor
Boston, MA 02116
Email: [email protected]

25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION. Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agr eement, it shall not be necessary to produce or account for more than one such counterpart.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD , a Municipal
Corporation

By:_________________________________ By:______________________________ Name: Linh Vuong Name: Valerie J. Barone
Title: Director, Business Product Management Title City Manager Address: 131 Dartmouth St., 3rd Floor Address: 1950 Parkside Drive Boston, MA 02116 Concord, CA 94519
Email: [email protected] Telephone: (925) 671-3150 APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk

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FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $236,256. Account Code 22481001Z01-63800-0500.

Finance Director's Signature

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EXHIBIT “B”

MINIMUM SCOPE OF INSURANCE.

Coverage shall be at least as broad as:

4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.

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The policies are to contain, or be endorsed to contain the following provisions:

5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor. Page 16 of 18 SaaS Order Form
To: Open Counter Enterprises, Inc. 131 Dartmouth St, 3rd Floor, Boston, MA 02116 Description Term
Initial
Subscription
Term
Billing Payment Required Investment
Software
Subscription 365 days
Start:
12/1/2023
End:
11/30/2024
Annually
Upfront Net 30 Days Year One: $44,500
365 days
Start:
12/1/2024
End:
11/30/2025
Annually
Upfront Net 30 Days Year Two: $45,835
365 days
Start:
12/1/2025
End:
11/30/2026
Annually
Upfront Net 30 Days Year Three: $47,210
365 days
Start:
12/1/2026
End:
11/30/2027
Annually
Upfront Net 30 Days Year Four: $48,626
365 days
Start:
12/1/2027
End:
11/30/2028
Annually
Upfront Net 30 Days Year Five: $50,085
Core Platform
Hosted Services Count Price per Unit Total Price Recurs Zoning Check, Business Portal, Residential Portal 1 $44,5000 $44,500 Annually1 General Terms
This Order Form is governed by the terms and conditions of the Master Services Agreement (“Agreement’) between the parties, which are incorporated into this Order Form for all purposes. If there is a conflict between the terms of this Order Form and the Agreement, this Order Form governs. This Order Form and the Agreement are the entire agreement between the parties, and they supersede and replace all prior and contemporaneous negotiations, agreements, representations, and discussions regarding this subject matter. All changes to this Order Form need to be agreed to in writing.

Term: The Initial Subscription Term of this Order Form shall commence for the period outlined above. Thereafter, the Term shall continue to renew for successive one (1) year renewal terms, unless either party provides notice of non-renewal to the other party at least ninety (90) days prior to the end of the then-current Term.

SIGNATURES INTENTIONALLY ON NEXT PAGE
1 All services incur a 3% increase after the first full year of service Exhibit A to Attachment 1

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Signatures
OPENCOUNTER ENTERPRISES, INC. CITY OF CONCORD, CA
By:

Name: Linh Vuong
Title: Director, Business Product Management
By:

Name:

Title:

Address/ Email for Notices:

Address: 131 Dartmouth St, 3 rd Floor
Boston, MA 02116
Attention: Contracts
Email: [email protected]
Address/Email for Notices:

Address:

Attention:

Email:

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Staff Report
Date: March 26, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering approval of Amendment No. 1 to Task Order No. 2 in the amount of $67,634.55 (for a new not-to-exceed amount of $284,624.95) with Dewberry Engineers Inc., for construction management, inspection, and materials testing services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527), located on up to six (6) miles of arterial and collector streets throughout the City (specifically including portions of Concord Boulevard, Port Chicago Highway, Oak Grove Road, Walters Way, Pacheco Street, and Residential Zone 5L (Almond Avenue, Bacon Street, Galindo Street, Grant Street, and Mt. Diablo Street), and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662), located at the City Corporation Yard; and authorizing the City Manager to execute the agreement in a form acceptable to the City
Attorney.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.

Report in Brief
The Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) consisted of performing pavement preventative maintenance on up to six (6) miles of arterial and

4.f4.f4.f4.f

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City Council Agenda Report
Agenda Item No. 4.f
March 26, 2024
collector streets by applying an appropriate slurry seal treatment. The streets included were Concord Boulevard, Port Chicago Highway, Oak Grove Road, Walters Way, Pacheco Street, and Residential Zone 5L (Almond Avenue, Bacon Street, Galindo Street, Grant Street, and Mt. Diablo Street). City staff also included Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) into Project No. 2527, due to similar scope of work and with goal to reduce costs. See attached location map (Attachment 1).

The construction contract was awarded on May 9, 2023, and construction began in June 2023 with expected completion in September 2023. Due to circumstances outside of the City’s control that extended the project duration past September 2023, the cost for construction management, inspection, and materials testing services will need to be increased, which is the subject of this report.

Recommended Action
Approve Amendment No. 1 to Task Order No. 2 in the amount of $67,634.55 (for a new not-to-exceed amount of $284,624.95) with Dewberry Engineers Inc., for construction management, inspection, and materials testing services for the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527), located on up to six (6) miles of arterial and collector streets throughout the City (specifically including portions of Concord Boulevard, Port Chicago Highway, Oak Grove Road, Walters Way, Pacheco Street, and Residential Zone 5L (Almond Avenue, Bacon Street, Galindo Street, Grant Street, and Mt. Diablo Street), and for the Corporation Yard Slurry and Re-Stripe Project (Project No. 2662), located at the City Corporation Yard; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

Background
On May 9, 2023, the City Council awarded the Citywide Arterial & Collector Maintenance Project #2 (Project No. 2527) and Corporation Yard Slurry and Re-Stripe Project (Project No. 2662) construction contract to Pavement Coatings Co. (PCC) of Sacramento, CA in the amount of $3,029,134.35.

On May 23, 2023, the Construction Management task order was awarded to Dewberry Engineers Inc. (Dewberry) in the amount of $216,990.40. Construction began on June 19, 2023, with an expected completion date of September 5, 2023.

The scope of the project included slurry seal treatments on six (6) miles of arterial and collector streets throughout the City including Concord Boulevard, Port Chicago Highway, Oak Grove Road, Walters Way, Pacheco Street, Residential Zone 5L (Almond Avenue, Bacon Street, Galindo Street, Grant Street, and Mt. Diablo Street) and City Corporation Yard. In addition, the project scope included reconstruction of concrete sidewalk, curb, gutter, curb ramps, valley gutters, and catch basins; pruning and removing tree roots; lowering and adjusting utility covers to finish grade; removal and replacement of traffic striping and pavement markings; installation of roadside signs and tuff curbs.

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City Council Agenda Report
Agenda Item No. 4.f
March 26, 2024
The project construction duration was exceeded by 69 days and substantial completion of the project occurred on November 21, 2023.

Analysis
PCC has completed all improvements for Project Nos. 2527 & 2662 with substantial completion of the project on November 21, 2023, and staff has inspected the work, which is in compliance with the project plans and specifications. City staff and Dewberry are currently working on payment balances with PCC so that the project can be closed out.

The cost for construction management, inspection, and materials testing services will need to be increased due to the extended project duration and added scope of work, including:
 Addressing added required tree removals in the City right-of-way due to the need to make improvements to concrete curb and gutters
 Revisions, additions, and corrections to traffic striping, barriers, and signage due to design changes
 Revisions to Americans with Disabilities Act (ADA) curb ramp details due to design changes
In addition, overtime inspection services were needed from Dewberry for extended days, nights, and weekends following the contractor’s schedule which were not anticipated in the original scope of services. The contractor requested extended days to complete striping on Concord Blvd adding earlier and later hours in the day, which required overtime inspection services. In addition, the contractor requested nighttime and weekend work in their attempt to meet the substantial completion date, in addition to completing paving work during reduced traffic load periods, which all required overtime inspection services.

Most of the scope included in this Task Order Amendment has already been completed by Dewberry, under the direction of the Project Engineer, in order for the project to stay on schedule. The remaining budget amount of $20,391.96 is needed to facilitate review of materials balancing with PCC with unknown extensive review that may be required due to discrepancies in quantities and payment balances, so the project can be closed out and accepted.

Financial Impact
Adequate budget exists within the project budget to carry this additional cost.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental

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City Council Agenda Report
Agenda Item No. 4.f
March 26, 2024
review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land, as it involves constructing concrete sidewalk, landscaping, traffic signal equipment, striping, and paving work. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. A Notice of Exemption was filed with the County Clerk’s office on May 23, 2023.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Amendment No. 1 to Task Order No. 2 with Dewberry Engineers Inc., with Exhibit A – Fee Estimate

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ATTACHMENT 1

LOCATION MAP
Citywide Arterial & Collector Maintenance Project #2
City Project No. 2527

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28 FIRST AMENDMENT TO TASK ORDE R
This FIRST Amendment to Task Order (“First Amendment”) is entered into on this date, March 27, 2024, and amends the Task Order No. 5869-2 between the City of Concord (“CITY”) and Dewberry Engineers, Inc. (“CONSULTANT”).

WHEREAS, the CITY
and CONSULTANT entered into a Task Order Dewberry Engineers, Inc. dated April 28, 2023 (the “Agreement”), wherein CONSULTANT agreed to provide construction management for Citywide Arterial & Collector Maintenance Project # 2, PJ 2527.

WHEREAS, under Section 3 “COMPENSATION” the Task Order provides that the compensation to be paid to CONSULTANT shall be on a time-and-materials basis for basic services at the rate and schedules in detail in Exhibit A in an amount not to exceed $216,990.40 as rendered under Section 1 of the Task Order
. Compensation shall be in accordance with the terms and conditions indicated therein.

WHEREAS, the CITY and CONSULTANT desire to inc rease the contract amount by $67,634.55 shown in detail in Exhibit A, attached to this First Amendment.

NOW THEREFORE, in consideration of the promises and conditions set f orth in the Task Order, the parties mutually desire to amend the Task Order as follows:

1. Section 1 – SCOPE OF SERVICES is hereby amended to read as follows:

CONSULTANT will provide construction
management services for Citywide Arterial
& Collector Maintenance Project # 2, PJ 2527. per Exhibits A and B. Exhibit A is a proposal from Dewberry Engineers, Inc. dated April 19, 2023. Exhibit B is a proposal from Dewberry Engineers, Inc. dated March 27, 2024, attached hereto and made a part hereof.

2. The first paragraph of Section 3 “COMPENSATION” is hereby amended to read as follows: CONSULTANT shall be compensated on a time-and-materials basis for basic services not to exceed $284,624.95 as rendered under Section 1 of this Agreement.

Compensation shall be in accordance with the terms and conditions indicated therein.

3. Except as expressly amended herein, all other terms and conditions of the Task Order Attachment 2

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28 4. TASK ORDER SUMMARY
IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.

Dated:
___________ CONSULTANT
BY: ________________________
Howard Zabell, PE
[email protected]
Dated: ___________ CITY OF CONCORD
Task
Order
No.

Date
Approved
Purchase
Order
No.
$ Amount
Fiscal Year
2021-22
$ Amount
Fiscal Year
2022-23
$ Amount
Fiscal Year
2023-24
Account Code
1 March 11,
2022
18996 $5,687.40 7109500C999-74250
7102447117-74520
2 May 1, 2023 20224 $216,990.40 4079500C999-74250
4072527117-74250
3 September
15, 2023
$141,627.20 490-9500-C999-74250
490-2593-117-74250
2A March 27,
2024
TBD $67,634.55 4079500C999-74250
4072527117-74250
Grand total, all task orders including this
task order #(Amended TO #A) (1A)
$5,687.40 $216,990.40 $209,261.75
Master Agreement dated 7/1/2021, term
through 6/30/2024
$250,000
per fiscal
year
shall remain in full force and effect.

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28 APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joel
le Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 23/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $67,634.55.

Account Code: 4079500C999-74250 4072527117-74250
Finance Director's Signature
By: _________________________
Carlton Thompson
City Engineer

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March 15, 2024
Deyuanne Lei, PE
Associate Civil Engineer
City of Concord
1950 Parkside Drive, MS/40
Concord, CA 94519
RE: Citywide Arterial & Collector Maintenance Project #2, PJ No. 2527 - Budget Amendment Request R3 Dear Dey,
Per our past discussions, Dewberry is seeking a budget amendment for the Construction Management services being provided on the Citywide Arterial & Collector Maintenance Project No. 2, PJ No. 2527. This amendment is being requested due to a series of events related to the project that were beyond our control. Events contributing to additional time and costs being expended on the project include the following:

Extended Project Length: The project duration extended beyond the original completion date by 69 calendar days resulting in additional time required for inspection, resident engineering, and office engineering services.

This extra work, along with prolonged closeout activities were not anticipated in our original scope of services.

Premium Time Spent on the Project: Dewberry was asked to provide overtime inspection services for extended days, nights and weekends which followed the contractor’s schedule. This was not anticipated in our original scope of services.

Subsequently, Dewberry hereby requests a contract amendment be issued to cover our unanticipated costs as summarized below.

AMENDMENT SUMMARY
Current contract overage as of 3/15/2024 $47,242.59
Estimated Cost to Complete $20,391.96
Amendment Request $67,634.55
CO

NTRACT SUMMARY
Task Original Contract
Amount Amendment Request Revised Contract
Amount
Construction
Management $216,990.40 $67,634.55 $284,624.95
Th
e requested amount will not cover extensive quantity changes or a prolonged claim defense period.

Please contact me if you have any questions.

Sincerely,
Rob Shackelford, PE, CCM
Project Manager/Resident Engineer
Exhibit A to Attachment 2

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Staff Report
Date: March 26, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Kit P. Jory Sr., Parks Division Manager
[email protected]
(925) 671-3385
Subject: Considering the adoption of a Resolution authorizing the City to accept a subaward from U.S. Department of Agriculture Forest Service through the Trust for Public Land, in an amount not to exceed $1,000,000 to invest in Urban
Community Forests ($138,100 for FY 2024, $278,550 for FY 2025, $243,550 for FY 2026, $195,550 for FY 2027, and
$144,250 for FY 2028); authorizing the City Manager, or designee, to execute the sub-recipient agreement and take other action necessary or appropriate to implement the
subaward and appropriate $1,000,000 to Project 2719.
(Project No. 2719).

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15062(b)(3), 15273, and/or 15378.

Report in Brief
The City of Concord has been approved for grant funds from the United States Department of Agriculture Forest Service (USFS) through the Trust for Public Land (TPL) in the amount of $1,000,000 as part of the Inflation Reduction Act of August 2022. The funds will be used to complete an Urban Forest Management Plan (UFMP), Citywide Tree Canopy analysis, plant 500 trees in areas of low tree equity and in parks and near schools, create a tree stewardship program, provide public education and outreach on tree stewardship and the importance of increasing the urban tree canopy, improve community partnerships for urban forest advocacy, and other ancillary tree

4.g4.g4.g4.g

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City Council Agenda Report
Agenda Item No. 4.g
March 26, 2024
related activities.

Recommended Action
Adopt a Resolution authorizing the City to accept a subaward from U.S. Department of Agriculture Forest Service through the Trust for Public Land, in an amount not to exceed $1,000,000 to invest in Urban Community Forests ($138,100 for FY 2024, $278,550 for FY 2025, $243,550 for FY 2026, $195,550 for FY 2027, and $144,250 for FY 2028); authorize the City Manager, or designee, to execute the sub-recipient agreement and take other action necessary or appropriate to implement the subaward and appropriate $1,000,000 to Project 2719.

Background
The City takes pride in its urban forest. For the last 43 years, the City has been designated a Tree City USA. In 2023 the Council supported making additional investments in the urban forest, by funding $465,000 in ARPA funding to initiate a Citywide tree inventory, development of a tree maintenance plan, and to purchase a software system to store the collected data and allow for management of the City’s tree maintenance. This project has inventoried 40,000 of the City’s anticipated 80,000 public trees. The entire project is scheduled to be complete in September of 2024.

To further the City’s success with managing its tree inventory and as a means of identifying additional funding to plant additional trees, particularly in those parts of the City with a more scarce tree canopy, staff applied for an Urban and Community Forestry Program grant in April of 2023. The grant is funded by the United States Department of Agriculture Forest Service (USFS) through the Inflation Reduction Act of August 2022. The City’s application was for a $6,521,648 package that included a comprehensive overhaul of the Urban Forestry Program, Maintenance, Tree Planting, and various other deliverables; with a request to waive the matching funds requirement based on the proposal that a majority of tree related activities would be completed in, or within close proximity to, Disadvantaged Communities (DAC) (see Attachment 2) as identified by the State DAC census tracks, Climate and Economic Justice Screening, and the United States Environmental Protection Agency’s Environmental Justice Screening and Mapping Tool 2.11.

On September 14, 2023, the City received a Notice of Intent to Award a $1,000,000 grant with no matching fund requirement but required a revised scope of work with a focus on tree-related activities in, or within close proximity to a DAC, and that would provide maximum benefit to the federal government’s schoolyard greening efforts.

These efforts are focused on transforming school grounds into park-like green spaces that improve children’s well-being, learning, and play while contributing to their communities' ecological health and climate resilience. Because Concord does not own or manage school district properties, this grant requires the City to look for opportunities to plant trees on City property near schools. On March 1, 2024, City staff reached an agreed upon scope and budget with representatives of Trust for Public Land (TPL) to accept and implement the grant award.

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City Council Agenda Report
Agenda Item No. 4.g
March 26, 2024
Analysis
The USFS grant award will be used to offset personnel costs, and pay for material, and indirect costs associated with the grant objectives from the date of execution through June 30, 2028, and will be used for the following deliverables:
 Complete a Citywide Tree Canopy Assessment and long-term (40 to 50 years) Urban Forest Management Plan (UFMP)
An Urban Forest Management Plan (UFMP) is different from the tree inventory and tree maintenance plan currently being performed. A tree inventory provides specific information on the location, age, health, type, size, condition, and maintenance responsibility of each public and street tree. A tree maintenance plan is a plan of maintenance covering the next three to five years focusing on immediate and near- term maintenance needs with the goal of preserving the City’s existing trees An UFMP is a long-term, 40 to 50 year, plan that is based on an analysis of recent tree inventory data, tree protection ordinances, management policies, staff, equipment, and budget resources with a goal of preserving, maintaining, and growing a healthy urban forest. The UFMP will provide the City with detailed information, make recommendations, and identify resources needed to effectively and proactively manage public trees over the long-term. It will reassure the community that the City is maximizing the benefits of trees through proper arboricultural techniques and management practices, create a tree planting palette, and will provide guidance to the City on setting achievable long-term tree planting and canopy growth goals;  Plant 500 trees, with an emphasis on planting in disadvantaged communities and a requirement that 50% of the trees be planted in parks with proximity to schools; planting will occur with city staff and with volunteers and may include a tree give away (contingent on our ability to find a partner and ensure that the trees will be planted as street trees and maintained by the property owner);  Create a Tree Stewardship & Education Program with Mt. Diablo Unified School District. This program will focus on educating young people about growing and maintaining the City’s urban forest, will provide opportunities to participate in tree planting activities. MDUSD administration has indicated an interest in participating but not leading this element of the project;
 Create a Tree Internship Program with Diablo Valley College to provide opportunities for Environmental and Horticultural focused students to gain practical skills (DVC administration has expressed interest); and  Create a Tree Contractor Training Program to provide guidance to local tree contractors on the City’s ordinances, policies, and procedures for tree removals and the City’s permit requirements; educate contractors on the industry’s best practices for tree preservation, provide strategies on communicating the values and benefits of preserving and maintaining trees with property owners; and establish a ‘Recommended Tree Contractor’ list which will identify firms that have

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City Council Agenda Report
Agenda Item No. 4.g
March 26, 2024
participated in this training.

Financial Impact
No matching funds are required. The Council is requested to appropriate $1,000,000 to Project No. 2719 as part of the approval of the USFS grant.

Environmental Determination
This is not a “project” under and/or is exempt from California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15062(b)(3), 15273, and/or 15378.

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution Accepting and Appropriating Grant Funds to invest in Urban Community Forests with Exhibit A, Trust for Public Land Subaward Agreement

2. USFS Grant Application Map

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Res. No. 24-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution of the City Council of the City of
Concord Authorizing the City to Accept a Subaward
from U.S. Department of Agriculture Forest Service
Through The Trust for Public Land in an Amount Not
to Exceed $1 Million to Invest in Urban Community
Forests ($138,100 for FY 2024, $278,550 for FY 2025,
$243,550 for FY 2026, $195,550 for FY 2027, and
$144,250 for FY 2028); and Authorizing the City
Manager, or Designee, to Execute the Subrecipient
Agreement and Take Other Action Necessary or
Appropriate to Implement the Subaward
Resolution No. 24-XX
/
WHEREAS, with the passage of the Inflation Reduction Act in August 2022, the USDA Forest Service (“USFS”) was authorized to receive $1.5 billion to invest in urban community forests across the country; and
WHEREAS, The Trust for Public Land (“TPL”) received a $10 million award from the USFS as a national pass-through organization for its project entitled “Growing Resilience Through Forested Community Schoolyards,” and pursuant to which TPL is administering and managing subawards to five cities, including the City of Concord, California (“City”); and WHEREAS, the City of Concord has been allocated $1 million as a subrecipient to TPL from the USFS grant to protect, enhance, and expand existing urban tree canopy in disadvantaged and nature-deprived communities; to plant and maintain additional shade trees to reduce urban heat island effects including in parks and areas near schools; to promote resource conservations and sustainability; to promote community service volunteerism; and to advance equity for disadvantaged and underserved communities (“USFS subaward”); and
WHEREAS, the subaward is awarded as a reimbursable grant with a 100% match waiver for projects taking place within disadvantaged communities as identified by the Climate and Economic Justice Screening Tool; and
//
Attachment 1

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Res. No. 24-XX 2
WHEREAS, TPL and the City hereby desire to enter into a Subrecipient Agreement to implement the City’s urban community forestry project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. CEQA. Pursuant to California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the receipt of USFS funds for tree planting does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), 15273, and/or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. This project involves minor alterations to land and vegetation through the planting of new urban canopy and shade trees in a heavily disturbed urban environment where is a low likelihood of impacting any significant biological resources. In addition, the activity is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that the activity will have a significant effect on the environment, and no further environmental review is required. Moreover, even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” None of the exceptions identified in CEQA Guidelines Section 15300.2 are present. No unusual circumstances are present.

This determination reflects the City’s independent judgment and analysis. Therefore, the activity does not warrant further environmental review.

Section 2. The City is hereby authorized and directed to receive the $1 million USFS subaward from TPL over the next five years and through June 30, 2028, for the tree planting and related activities.

Section 3. The City hereby approves the Subrecipient Agreement in substantially the form attached hereto as Exhibit “A” and incorporated herein by reference.

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Res. No. 24-XX 3
Section 4. The City authorizes the Mayor of the City of Concord, the City Manager, or designee(s) to accept the funds and execute the Subrecipient Agreement on behalf of the City of Concord and to execute all documents and take all actions necessary or appropriate to carry out the terms of the Agreement.

Section 5. In accepting the USFS subaward through execution of the Subrecipient Agreement, the City shall be subject to the terms and conditions as specified in the Cooperative Agreement between TPL and the US Forest Service, and represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the USFS Inflation Reduction Act, and ensure that such requirements also apply to any City contractors or partners.

Section 6. The City hereby accepts and appropriates $1 million to the Facilities Maintenance and Parks Divisions in the amounts of $138,100 for FY 2024, $278,550 for FY 2025, $243,550 for FY 2026, $195,550 for FY 2027, and $144,250 for FY 2028.

Section 7. This resolution shall become effective immediately upon its passage and adoption. //
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Res. No. 24-XX 4
PASSED AND ADOPTED by the City Council of the City of Concord on March 26, 2024, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 24-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on March 26, 2024. ___________________________
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
_____________________________
Susanne Meyer Brown
City Attorney
Attachment: Exhibit A – Subrecipient Agreement

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City of Concord, CA
Subaward Amount: $1 million
Project Completion Date: June 30, 2028
CFDA/Assistance Listing: 10.727 IRA Urban & Community Forestry FAIN: 24-CA-11132544-011
1 EXHIBIT A - SUBRECIPIENT AGREEMENT

USFS URBAN AND COMMUNITY FORESTRY GRANT

GROWING RESILIENCE THROUGH FORESTED COMMUNITY SCHOOLYARDS THIS SUBRECIPIENT AGREEMENT (“Agreement”) is made as of the last date of execution by either of the parties to this Agreement (“Effective Date”) by The Trust for Public Land, a California Section 501(c)(3) nonprofit corporation with its principal place of business at 23 Geary Street, San Francisco, CA 94108 (“TPL”), to the City of Concord, a California political subdivision with its principal place of business at 1950 Parkside Drive , Concord, CA 94519 (“City” and/or “Subrecipient”).

RECITALS
WHEREAS, with the passage of the Inflation Reduction Act in August 2022, the USDA Forest Service (“USFS”) was authorized to receive $1.5 billion to invest in urban community forests across the country and, after a rigorous review of 842 applications, the USFS announced funding awards of $1.13 billion to 385 projects in all 50 states, territories, islands, and tribes in September 2023 (CFDA/Assistance Listing: 10.727 IRA Urban & Community Forestry); WHEREAS, TPL received a $10 million award from the USFS as a national pass-through organization for its project entitled “Growing Resilience Through Forested Community Schoolyards,” and pursuant to which TPL is administering and managing subawards to five (5) cities, including the City of Concord, and other yet-to-be determined entities; WHEREAS, TPL is committed to investing no less than 80% of its $10 million USFS award in local projects, including the City of Concord’s project; WHEREAS, the City of Concord has been allocated $1 million as a subrecipient to TPL from the USFS grant to protect, enhance, and expand existing urban tree canopy in disadvantaged and nature-deprived communities; to plant and maintain additional shade trees to reduce urban heat island effects including in parks and areas near schools; to promote resource conservations and sustainability; to promote community service volunteerism; and to advance equity for disadvantaged and underserved communities (“USFS subaward”); and WHEREAS, TPL and the City hereby enter into this Sub recipient Agreement to initiate the implementation of the City’s project.

Exhibit A to Attachment 1
City of Concord, CA
Subaward Amount: $1 million
Project Completion Date: June 30, 2028
CFDA/Assistance Listing: 10.727 IRA Urban & Community Forestry FAIN: 24-CA-11132544-011

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1. USFS Cooperative Agreement. All provisions of the Cooperative Agreement between TPL and the USFS , entitled “ Federal Financial Assistance Award of Cooperative Agreement, 24 -CA- 11132544-011, Between The Trust for Public Land and the USDA Forest Service, State, Private & Tribal Forestry Cooperative Forestry,” dated February 5, 2024 (“Cooperative Agreement”), apply to this Subrecipient Agreement, and the Cooperative Agreement is attached as Appendix A to this Agreement and incorporated herein.
a. The Subrecipient should note that following provisions in Attachment A of the Cooperative Agreement specifically apply to the Subrecipient:
i. Section I: Use of Forest Service Insignia
ii. Section M: Non-Discrimination Statement- Printed, Electronic, or Audiovisual Material
iii. Section S: Trafficking in Persons
iv. Section V: Eligible Workers
v. Section Z: Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
b. The Subrecipient must also adhere to the Whistleblower Notice at Attachment C of the Cooperative Agreement.

2. Subrecipient Information. Pursuant to 2 CFR 200.332(a)(1), the Subrecipient must complete and submit the requested information at Appendix B of this Agreement, which is incorporated herein.

3. Subrecipient Project. The Subrecipient shall use the subaward solely for the following project:

The City of Concord will protect, enhance, and expand existing urban tree canopy in disadvantaged and nature-deprived communities; to plant and maintain additional shade trees to reduce urban heat island effects including in parks and areas near schools; to promote resource conservations and sustainability; to promote community service volunteerism; and to advance equity for disadvantaged and underserved communities.

Upon execution of this Agreement, TPL and the Subrecipient shall work to refine the project scope and budget, if needed, to ensure that urban tree canopy is increased in disadvantaged

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City of Concord, CA
Subaward Amount: $1 million
Project Completion Date: June 30, 2028
CFDA/Assistance Listing: 10.727 IRA Urban & Community Forestry FAIN: 24-CA-11132544-011

3 communities and to the extent possible, to increase tree canopy located at, in proximity to, or having a nexus to schools.

The Subrecipient must fully participate in the technical assistance and capacity-building tasks and objectives led by TPL and assist TPL with evaluation and communication plans and programs.

4. Term. The term of this Agreement commences on the Effective Date and ends on June 30, 2028.

5. Subrecipient’s Sub award. TPL hereby allocates to the Sub recipient a total award in the amount of $ 1 million (“subaward’). Subrecipient shall submit invoices and supporting documentation for reimbursable expenses to TPL no more than monthly to receive subaward payment. Invoices shall include the specified invoice period and outline expenses incurred in accordance with the proposed budget. Supporting documentation may include, but is not limited to, copies of Subrecipient’s contractor invoices.

Expenses undertaken by the Sub recipient prior to the execution of this Agreement are not eligible for reimbursement. However, TPL will consider expenses incurred in the 90 -day period prior to execution of this Agreement on a case-by-case basis.

6. No Match Required. The 1:1 match ordinarily required by the USFS is waived pursuant to the provision of Public Law 117 -169 (Inflation Reduction Act) and based on assurance from the Subrecipient that 100% of the project and subaward will benefit disadvantaged communities.

Verification of the match waiver shall adhere to the USFS’s “Match Waiver Compliance Guidance For FY23 IRA UCF Grant Program Awardees, 12/13/23.”

7. No Assignment. Neither party shall assign this Agreement, the subaward, the Subrecipient project, nor any rights or benefits accruing to it hereunder.

8. Federal Requirements. The Subrecipient acknowledges that it is subject to the same federal requirements as those that apply to TPL, which include but are not limited to OMB guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400 (adoption by USDA of the OMB guidance in 2 CFR 400 gives regulatory effect to the OMB guidance in 2 CFR 200). Notable federal requirements are as follows:

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City of Concord, CA
Subaward Amount: $1 million
Project Completion Date: June 30, 2028
CFDA/Assistance Listing: 10.727 IRA Urban & Community Forestry FAIN: 24-CA-11132544-011

4 a. Federal Procurement. Because this is a subaward of Federal financial assistance, the Subrecipient is subject to the federal procurement requirements . Subrecipient shall provide documentation ensuring compliance with federal procurement requirements upon request by TPL. Subrecipient will not be reimbursed for activities not in compliance with 2 CFR 200.

b. Subaward Requirements, 2 CFR 200.331 through .333. The Subrecipient shall i. submit quantitative and qualitative project accomplishments for reporting periods ending June 30 and December 31 to a public -facing Impact Reporting Platform (instructions for project impact reporting shall be provided by USFS); ii. submit required financial and performance information and/or reports to TPL, and specifically an interim Federal Financial Report, Standard Form SF-425, to be submitted by July 15 and January 15 to TPL by the Subrecipient; iii. submit all required final financial and performance reports to TPL, and specifically a final Federal Financial Report, Standard Form SF-425, within 120 days of the end of the period of performance (October 31, 2028); iv. report subawards and executive compensation pursuant to 2 CFR Part 170, and as detailed in Attachment B of the Cooperative Agreement; v. provide TPL and its auditors with access to the Subrecipient's records and financial statements as necessary and for audit purposes; vi. permit TPL to monitor the Subrecipient’s activities to ensure that the subaward is used for authorized purposes in compliance with this Agreement, and that subaward performance goals are achieved;
vii. abide by any TPL or USFS terms and conditions concerning closeout of the subaward (for USFS minimum requirements, see Cooperative Agreement, Attachment A, Forest Service Award Provisions at Section O, at page 9 of 19) c. Other Federal Requirements . The Subrecipient must abide by all other applicable federal laws, regulations and requirements , such as but not limited to health and safety regulations and minimum wage.

9. State and Local Requirements . The Subrecipient shall undertake and perform its project in strict compliance with applicable state and local laws, regulations and requirements.

10. No Liability. TPL, USFS, and the United States shall not be liable to the Subrecipient for any costs, damages, claims, liabilities, and judgments that arise in connection with the

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City of Concord, CA
Subaward Amount: $1 million
Project Completion Date: June 30, 2028
CFDA/Assistance Listing: 10.727 IRA Urban & Community Forestry FAIN: 24-CA-11132544-011

5 performance of activities pursuant to this Agreement, including damage to any property owned by the Subrecipient or any third party.

11. Contacts. The individuals listed below are authorized to represent their organizations for matters related to this Agreement. Any revision to these organizational contacts requires notification to the other party.

TPL Contact: Linda Hwang
Senior Director, Strategy & Innovation
23 Geary Street, San Francisco, CA 94108
Telephone: 415-570-1571
Email: [email protected]

Subrecipient Contact: Kit P. Jory Sr
Parks/Medians/Urban Forestry Division Manager
Department of Public Works
1455 Gasoline Alley, Concord, CA 94519
Telephone: (925) 671-3385
Email: [email protected]

12. Notification. The Subrecipient shall immediately notify TPL of developments that have a significant impact on the activities supported under this subaward. Also, notification must be given in case of problems, delays or adverse conditions that materially impair the ab ility to meet the objectives of the subaward. This notification must include a statement of the action taken or contemplated, and any assistance needed to resolve the situation.

13. Acknowledgement/ Use of Logos. The Subrecipient shall acknowledge TPL and USFS support in any publications, audiovisuals, and electronic media developed as a result of this subaward.

Prior to the Subrecipient using TPL and/or USFS’ logos or insignias on any published media, such as a website, social media, printed publication, or audiovisual production, written (includes email) permission must be granted by TPL and/or USFS. (See Section I and Section M of Attachment A of the Cooperative Agreement for the Use of Forest Service Insignia and the USFS Nondiscrimination Statement that must be included in printed, electronic or audiovisual material).

Page 13 of 21 ends

City of Concord, CA
Subaward Amount: $1 million
Project Completion Date: June 30, 2028
CFDA/Assistance Listing: 10.727 IRA Urban & Community Forestry FAIN: 24-CA-11132544-011

6 14. Dispute Resolution. This Agreement anticipates that TPL and the Subrecipient will work together in good faith. In the event a dispute arises concerning this Agreement or the Subrecipient’s project, TPL and the Subrecipient agree to use their best efforts to resolve any disputes arising between them as efficiently and cost effectively as possible. At all times, TPL and the Subrecipient will provide candid and timely disclosure of all relevant facts to facilitate negotiations, and each will assign appropriate representatives to meet and make good faith efforts to resolve the dispute. Should such efforts fail to resolve the dispute, the parties may engage a mutually agreed upon external third-party to facilitate a resolution to the dispute.

15. Termination. This subaward may be terminated, in whole or part pursuant to 2 CFR 200.340.

16. Modifications. This Agreement may be modified only by mutual consent of the parties, and by issuance of a written amendment signed by both parties hereto.

17. Authorized Representatives . By signature below, each party certifies that the individuals listed in this document as representatives of TPL and/or the Subrecipient are authorized to act on behalf of their respective entities.

18. Multiple Originals/Electronic Signatures. Electronic signatures of or on behalf of either party to this Agreement shall be effective for all purposes, including delivery, as an original. This Agreement may be executed in multiple originals, which shall be deemed to be one document.

IN WITNESS WHEREOF, the parties have executed this Subrecipient Agreement as of the Effective the Date first above set forth.

THE TRUST FOR PUBLIC LAND

By:_________________________________
Jim Obendorf
SVP, Chief Financial & Administrative Officer
23 Geary Street, Suite 1000
San Francisco, CA 94108

Date:_______________________________

SUBRECIPIENT: CITY OF CONCORD, CA

By: _________________________________
Valerie J. Barone
City Manager
1950 Parkside Drive
Concord, CA 94519

Date:_______________________________

Page 14 of 21 ends

City of Concord, CA
Subaward Amount: $1 million
Project Completion Date: June 30, 2028
CFDA/Assistance Listing: 10.727 IRA Urban & Community Forestry FAIN: 24-CA-11132544-011

Appendix A
Cooperative Agreement, 24-CA-11132544-011,
Between The Trust for Public Land and the USDA Forest Service, State, Private & Tribal Forestry Cooperative Forestry,” dated February 5, 2024

Page 15 of 21 ends

United States Department of Agriculture
AND

JUSTICE

FOR ALL
Form AD-475-A—Assisted Poster/ Revised September 2019 Afiche complementario al Formulario AD-475-A / Revisado Septiembre 2019 I
n accordance with Federal law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, this institution is pr
ohibited from discriminating on the basis of race,
color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.)
Program information may be made available in languages other than English. Persons with disabilities who require alter native
means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination
Complaint Form, which can be obtained online,
at https://www.
ascr.usda.gov/sites/default/files/USDA-OASCR%20P-Complaint- Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA
office, by calling (866) 632-9992
, or by writing a letter addressed
to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:
mail:

U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence A
venue, SW
Washington, D.C. 20250-9410; or
fax:
(833) 256-1665 or (202) 690-7442;
email:
[email protected].

This institution is an equal opportunity provider.

C
onforme a la ley federal y las políticas y regulaciones de derechos civiles del Departamento de Agricultura de los Estados Unidos (USDA), esta institución tiene prohibido discriminar por motivos de raza, color
, origen nacional, sexo, edad,
discapacidad, venganza o represalia por actividades realizadas en el pasado relacionadas con los derechos civiles (no todos los principios de prohibición aplican a todos los programas).

La información del programa puede estar disponible en otros idiomas además del inglés. Las personas con discapacidades que requieran medios de comunicación alternativos para
obtener información sobr
e el programa (por ejemplo, Braille, letra
agrandada, grabación de audio y lenguaje de señas americano) deben comunicarse con la agencia estatal o local responsable que administra el programa o con el TARGET Center del USDA al (202) 720-2600 (voz y TTY) o comunicarse con el USDA a través del Servicio Federal de Transmisión de Información al (800) 877-8339.

Para presentar una queja por discriminación en el programa, el reclamante debe completar un formulario AD-3027, Formulario de queja por discriminación del programa del USDA, que se puede obtener en línea,
en https://www.ascr.usda.gov/sites/default/files/
USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-
17Fax2Mail.pdf, en cualquier oficina del USDA, llamando al (866) 632-9992, o escribiendo una carta dirigida al USDA. La carta debe contener el nombre, la dir
ección y el número de teléfono
del reclamante, y una descripción escrita de la supuesta acción discriminatoria con suficiente detalle para informar al Subsecretario de Derechos Civiles (ASCR, por sus siglas en inglés) sobre la naturaleza y la fecha de la presunta violación de los derechos civiles. La carta o el formulario AD-3027 completado debe enviarse al USDA por medio de:
correo postal:

U.S. Department of Agriculture
Office of the Assistant Secr
etary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; o´
fax:
(833) 256-1665 o´ (202) 690-7442;
correo electrónico:
[email protected].

Esta institución ofrece igualdad de oportunidades.

Page 16 of 21 ends

Grants and Agreements
Complying With Civil Rights
Requirements
Your Responsibilities as a Partner
With the Forest Service
United States Department of Agriculture
Forest Service FS-850 October 2016 Simple justice requires that public
funds, to which all taxpayers of all races
contribute, not be spent in any fashion
which encourages, entrenches, subsidizes,
or results in racial discrimination.
— President John F . Kennedy, in his 1963
message calling for the enactment of Title
VI of the Civil Rights Act
“
”
What does the Forest Service do to ensure
compliance with nondiscrimination
responsibilities?
The Forest Service will conduct reviews of your
programs and activities on a periodic basis to ensure
that they comply with Civil Rights laws. The USDA
will receive, investigate, and adjudicate claims
alleging violation of Civil Rights laws by recipients of USDA assitance.

U.S. Code Statute Prohibits
Discrimination
on the
Basis of:
(42 U.S.C.
2000d–2000c)
Title VI of the Civil
Rights Act of 1964
Race, Color, or
National Origin
(including LEP)
(20 U.S.C.
1681–1686)
Title IX of the
Education
Amendments of
1972
Sex (in
educational
programs and
activities)
(42 U.S.C.
6101 et seq)
Age Discrimination
Act of 1975, as
amended
Age
(29 U.S.C.
794)
Section 504 of
the Rehabilitation
Act of 1973, as
amended
Disability
USDA is an equal opportunity provider, employer, and lender.

For More Information
The Forest Service is your partner in providing equal
opportunity to the public. For more information,
please contact your local Forest Service office.

To file a complaint alleging discrimination, complete
the USDA Program Discrimination Complaint Form,
AD-3027, found online at http://www.ascr.usda.gov/
complaint_filing_cust.html , or at any USDA office
or write a letter addressed to USDA and provided in
the letter all of the information requested in the form.

To request a copy of the complaint form, call (866)
632-9992. Submit your completed form or letter to
USDA by: (1) mail: U.S. Department of Agriculture,
Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-
9410; (2) fax: (202) 690-7442; or (3) email: program.
[email protected] .

This institution is an equal opportunity provider.”
What Federal Civil Rights laws must you
follow to ensure compliance?
If the publications or materials are too small to permit the use of the full statement, at a minimum include
the following statement, in print size no smaller
than the text: “This institution is an equal opportunity provider.”

Page 17 of 21 ends

• American Indian or Alaska Native individual,
tribe, corporation, or organization
• Any public or private agency , institution, or
organization (e.g., university, college, or nonprofit)
What are your responsibilities for
complying with Federal Civil Rights laws?
As a partner with the Forest Service, your
responsibilities for complying with Federal Civil
Rights laws include, but are not limited to:
• Signing a nondiscrimination assurance clause
certifying that you will comply with Civil
Rights laws (SF-424B or SF-424D). If you have
subrecipients, obtain a signed assurance from
them. An example of a subrecipient is a local
community organization receiving a subgrant
from a State forestry agency.
• Displaying the “And Justice for All” U.S.

Department of Agriculture poster (AD-475A) in
your public reception areas or other areas visible
to the public. Contact your local Forest Service
office to obtain copies.
• Including in any of your publications and
outreach materials related to a grant or agreement
project, a statement of affiliation with the Forest
Service, e.g., “This publication made possible
through a grant from the USDA Forest Service.”
OR “This research was conducted in cooperation
with the USDA Forest Service.” OR “This research
was funded by a grant from the USDA Forest
Service.”
• Providing program information in alternative
formats for people with disabilities and in
alternative languages for people with Limited
English Proficiency (LEP), as appropriate to your
customer base.
• Developing a language access plan to translate or
interpret vital documents free of charge to your
customers when needed or requested by local
members of the public with LEP . Visit http://
www.lep.gov/lepbrochure.pdf.
• Identifying a person to be r esponsible for ensuring your program is in compliance with Civil Rights
requirements.

Who is required to comply with Federal
Civil Rights laws?
If you receive Federal funds or assistance, such as
a grant or agreement, from the U.S. Department
of Agriculture(USDA), Forest Service, by law you
must provide equal opportunity for all people to
participate in the programs and activities you offer.

For example, you should not deny or exclude anyone
from programs, services, aids, or benefits. Also, you
must not retaliate in any manner against a person
who files a complaint or opposes any unlawful or
discriminatory practice. The back of this brochure
shows Federal Civil Rights laws that apply.

This brochure provides a basic overview of your
responsibilities for ensuring nondiscrimination in
the delivery of your programs and activities to the
public on bases covered by Federal law. These bases
include race, color, national origin, sex (in educational programs or activities), age, and disability.

What are some types of Federal funding and
assistance?
• Federal monies given by grants, subgrants,
cooperative agreements, challenge cost-share
agreements, cost-reimbursable agreements, or
loans
• Training presented by a Federal agency
• Loan/temporary assignment of Federal personnel
(e.g., a Forest Service employee instructing a
course at a local university)
• Loan or use of Federal property at below market
value
Are you a recipient of Federal funding and
assistance?
You are a recipient if, through a partnership with
the Forest Service, you receive Federal funding
or assistance (either directly or through another
recipient) to conduct a program you offer to the
public.

Recipients include:
• Any individual r eceiving Federal funding or
assistance
• A State or local government
• Reviewing all your policies, pr ocedures, and
practices to ensure they do not limit participation
on the basis of race, color, national origin, age,
disability, or sex (in educational programs and
activities).
• Evaluating the accessibility of your pr ograms and
facilities. If they are not now accessible, develop
a transition plan for making them accessible and
then carry out the plan as appropriate.
• Ensuring that your staff understands their Civil
Rights responsibilities, including their role in the
USDA complaint process.
• Pr oviding outreach to a wide variety of
communities to ensure diversity if you advertise
or market your program.
• Pr oviding the Forest Service with demographic
information on program participation based
on race, national origin, sex, age, and disability,
where applicable.
• Including the following statement about
nondiscrimination and how to file a complaint in
your publications and outreach materials:
“In accordance with Federal law and U.S.

Department of Agriculture (USDA) civil rights
regulations and policies, this institution is
prohibited from discriminating on the basis of
race, color, national origin, sex, age, disability,
and reprisal or retaliation for prior civil rights
activity. (Not all prohibited bases apply to all
programs.)
Persons with disabilities who require alternative
means of communication for program
information (e.g., Braille, large print, audiotape,
American Sign Language, etc.) should contact
the responsible State or local Agency that
administers the program or USDA’s TARGET
Center at (202) 720-2600 (voice and TTY)
or contact USDA through the Federal Relay
Service at (800) 877-8339. Additionally,
program information is also available in
languages other than English.

Page 18 of 21 ends

City of Concord, CA
Subaward Amount: $1 million
Project Completion Date: June 30, 2028
CFDA/Assistance Listing: 10.727 IRA Urban & Community Forestry FAIN: 24-CA-11132544-011

Appendix B
Subrecipient Information, 2 CFR 200.332(a)(1)

In addition to the information that must be inserted below, the Subrecipient must complete and submit to TPL the AD-1048, Certificate Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (available at https://www.usda.gov/sites/default/files/documents/ad-1048.pdf) and FS-1500-22, Financial Capability Questionnaire
(https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprd3834433.docx) forms to TPL.

Subrecipient Federal Award Identification. (Insert information below)

(i) Subrecipient name (name associated with its unique entity identifier): City of Concord

(ii) Subrecipient's unique entity identifier: R18EUE4LETK7

(iii) Federal Award Identification Number (FAIN): 24-CA-11132544-011

(iv) Federal Award Date: February 5, 2024

(v) Subaward Period of Performance Start and End Date: Effective Date of Subrecipient Agreement to June 30, 2028

(vi) Subaward Budget Period Start and End Date: Effective Date of Subrecipient Agreement to June 30, 2028

(vii) Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient:
$1 million

(viii) Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current financial obligation: $1 million

(ix) Total Amount of the Federal Award committed to the subrecipient by the pass-through entity: $1 million

(x) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Concord Urban & Community Forestry Program

Page 19 of 21 ends

City of Concord, CA
Subaward Amount: $1 million
Project Completion Date: June 30, 2028
CFDA/Assistance Listing: 10.727 IRA Urban & Community Forestry FAIN: 24-CA-11132544-011

(xi) Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity: USDA Forest Service; The Trust for Public Land, Jim Obendorf, CFAO, [email protected]

(xiii) Identification of whether the award is R&D: NO

(xiv) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per 2CFR 200.414: 12%

Page 20 of 21 ends

Attachment 2

Page 21 of 21 ends

Staff Report
Date: March 26, 2024
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Ben Ulrey, Assistant Planner
[email protected]
(925) 671-3152
Subject: Considering acceptance of the 2023 General Plan Annual Progress Report, including the Housing Element Annual
Progress Report, and authorizing its submittal to the
Governor's Office of Planning and Research and the California Department of Housing and Community Development (HCD).

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3),15306, and/or 15378.

Report in Brief
The City Council (Council) is requested to review and accept the attached annual report on the progress of the implementation of the Concord 2030 Urban Area General Plan, including the 2023 – 2031 Housing Element. The purpose of the annual report is to:
 Document the City of Concord’s (City) progress toward providing its share of regional housing needs and removing governmental constraints to the maintenance, improvement, and development of housing;
 Provide the state with data to identify trends in local land use decisions and planning and development activities related to statewide goals and policies; and  Assist the Council in tracking the implementation of housing policies for the City and formulating its future priorities.

5.a5.a5.a5.a5.a5.a5.a

Page 1 of 108 ends

City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
California Government Code Section 65400(a)(2) requires that local planning agencies submit annual progress reports on their general plans by April 1 of each year to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.

Recommended Action
Accept the 2023 General Plan Annual Progress Report, including the Housing Element Annual Progress Report (Attachment 1), and authorize its submittal to the Governor's Office of Planning and Research and to the California Department of Housing and Community Development, and make the CEQA determinations as provided in this staff report.

Background
California Government Code Section 65300 requires each city and county to adopt a general plan for the physical development of the jurisdiction. California Government Code Section 65400(a)(2) requires that the local planning agency provide an Annual Progress Report (APR) on its General Plan to the legislative body.

Further, the City’s adopted and certified 2023-2031 Housing Element contains a program requiring City staff to present the Housing Element APR to Council for review through an annual housing forum before submitting to the state Department of Housing and Community Development (HCD).

The APR provides an update on General Plan implementation, including meeting the City’s “fair share” or its Regional Housing Needs Allocation (RHNA), as well as local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. The APR must be submitted by April 1 of each year to the Governor’s Office of Planning and Research (OPR) and HCD. The APR covers the previous calendar year (2023 for the current APR) and includes the following elements:
 An overview of the City’s General Plan status and consistency with state General Plan Guidelines;
 A review of the City’s progress in meeting RHNA, including a summary of local efforts toward assistance, rehabilitation and preservation of housing;  A summary of General Plan Housing Element programs and their implementation status; and
 A summary of recently completed and active General Plan and Development Code amendments.

Page 2 of 108 ends

City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
Analysis
Status of the General Plan Implementation Progress
In 2007, the City updated its General Plan, the Concord 2030 Urban Area General Plan.

The following discussion summarizes implementation actions for the various elements of the General Plan during calendar year 2023.

Land Use Element
The Land Use Element constitutes the framework for land use planning in Concord to the year 2030. This Element designates the location and extent of land use categories such as housing, business, industry, public facilities, and open space. It includes policies and a land use diagram. The primary achievements during 2023 included the following:

1. Downtown Concord Specific Plan: The 2014 Downtown Concord Specific Plan (DCSP) is geared toward realizing the downtown’s development potential, with an emphasis on economic development, consistent with the General Plan. The DCSP helps to obtain grant funding and provides an implementation plan for the downtown development vision. The DSCP is also implemented by the Bicycle, Pedestrian, and Safe Routes to Transit Plan, the Downtown Corridors Plan, and current development projects.

In 2023, the downtown welcomed the opening of a number of businesses, including Ramsell, Hampton Inn, Gratitude Coffee Bar, and BK Miyabi. A number of housing projects were also issued certificate of occupancies, building permits, or entitled in downtown in 2023 (see Table 1). Attachment 2 provides the current annual household income limits in order to qualify for restricted affordable housing units.

Page 3 of 108 ends

City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
Table 1: Finaled, Permitted and Entitled Projects in 2023 in Downtown Project Name Very Low
Income
Low
Income
Moderate
Income
Above
Moderate
Income
Total
Units
Grant Street
Apartments (North
Building)
0 0 0 139 139
Blue Oak Square/The
Argent 44 135 0 2 181
RMG 15 15 0 45 75
Galindo Terrace/RCD 53 8 0 1 62
Lakeview Townhomes 0 0 0 5 5
TOTAL UNITS 112 158 0 192 462
The City issued a Notice of Availability for Town Center II at the end of 2022 and has been in negotiations with the responding developers in 2023. City staff anticipates Council interviewing selected candidate firms for development this spring. All proposals are for a 100% affordable project with at or above 309 multifamily rental units.

The 2023 Music & Market and Tuesday Night Blues concert series brought approximately 100,000 visitors to the downtown from June to September. The City also continued the Creative Concord art program into 2023 by providing American Rescue Plan Act (ARPA) funding toward programming, including a temporary installation of three large-scale LED sculptures over the holiday season. The sculptures were placed in various locations throughout the City, in front of Uncle Jay Burgers, the Brenden Theatres, and the Concord Historical Society (where it will remain until April 2024). Additionally, one large mural was installed at Rockin’ Robbie’s. The Creative Concord kickoff event on October 14 and 15, 2023 introduced the new sculptures and mural to the community, and it included live art creation including painting, music, and spoken word.

Utilizing ARPA funding, the City awarded pandemic relief grants to 77 downtown businesses, including Cream, Fresh Tray, I Love Teriyaki & Sushi, iSlice, Kinja Sushi, Luna Restaurant, Veggie Today, and more.

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City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024

2. Bicycle, Pedestrian, & Safe Routes to Transit Master Plan: On September 27, 2016, Council adopted the Bicycle, Pedestrian, and Safe Routes to Transit Plan (Plan). The Plan includes three tiers of projects totaling $146 million. In 2017, the City Council formed the Bicycle and Pedestrian Advisory Committee (BPAC) to review and provide input on: 1) transportation capital projects including roadway, pedestrian, and bicycle improvements; 2) complete streets features and projects’ conformance with the Plan; 3) grant applications; and 4) programs and policies related to Plan implementation as requested by City staff or Council.

In 2023, BPAC reviewed the following projects:
 Meadow Lane / Market Street Paving Project – Proposed Bicycle Facilities: This project involves pavement rehabilitation on Meadow Lane from Monument Boulevard to Market Street, and then on Market Street from Meadow Lane to Willow Pass Road as well as pedestrian and ADA improvements and new bike lanes (Class II bicycle route). The project was completed in December 2023.
 Pine Hollow Road Complete Streets Feasibility Study
Recommendations: Identified as a recommended project in the City’s Plan, this corridor serves as an important connection between schools, parks, as well as residential and recreation areas within the cities of Concord and Clayton. The City Council approved the study in August 2022. Staff then applied for an Active Transportation Program grant to advance design and construction of improvements identified in the study, but received notification in January 2023 that the application was not successful. Staff is currently seeking other funding opportunities.
 Oak Grove Road Pavement Rehabilitation Phase 3: This project completed re-paving work along Oak Grove Road after previous phases were completed in 2016 and 2020, and included the installation of fiber optic conduit, ADA upgrades, and a high-visibility crosswalk at the entrance to Ygnacio Valley High School. Construction was completed in August 2023 and the project was accepted by City Council in October 2023.  Pavement Maintenance – Zone 5J: This project included pavement rehabilitation of 20 streets, upgrading curb ramps throughout the neighborhood to meet accessibility standards, adjusting utilities for pavement construction, and updating traffic striping and pavement markings. The project was completed in October 2023.
 Residential Pavement Design, Phase A: This is part of a series of projects to rehabilitate pavement in six residential neighborhoods, while also upgrading curb ramps and installing updated striping and signage.

Construction started in July 2023 and is anticipated to finish in April 2024 or shortly thereafter.

Page 5 of 108 ends

City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
 Treat Boulevard Pavement Rehabilitation Project: This project will restore pavement along Treat Boulevard from the Walnut Creek city limits to Clayton Road, including the installation of ADA upgrades, bike lanes where feasible, and conduits for future fiber optics, and upgraded striping. Construction of Phase 1 (Walnut Creek city limits to San Miguel Road) was completed in October 2023. Phase 2 (San Miguel Road to Clayton Road) is currently in design, and construction is anticipated to start in April 2024 and finish by November 2024.
 Proposed Projects for Transportation Development Act (TDA) Grant Cycle 2023 Application: On September 14, 2022, the BPAC recommended a grant for the Sun Terrace Elementary School Crossing Enhancements (see details below).
o Sun Terrace Elementary School Crossing Enhancements: This project would enhance and provide safe crossings and traffic calming for students and parents accessing the school along Floyd Lane. The City was successful in obtaining TDA grant funding for the project.

Project design is scheduled to start in February 2024 and to be completed in summer 2024. Construction is anticipated to be complete at end of 2024.
 Proposed Projects for Transportation Development Act (TDA) Grant Cycle 2024 Application. On December 13, 2023, the BPAC considered the following projects for this application and recommended the following projects (see details below).
o Concord Crossing Improvements Project (renamed Village Road/Cowell Road Crossing Improvements Project): This project was selected by BPAC to move forward in the 2024 TDA application process. The project will install Rectangular Rapid Flashing Beacons (RRFBs) and curb ramp upgrades at Village Road/Silverwood Drive and Cowell Road/Quail Court.

3. Downtown Corridors Plan: The 2016 Downtown Corridors Plan provides streetscape designs for Salvio, Grant, and Oak Streets that may also be applicable to other streets in the downtown area. In July 2020, the City was awarded approximately $3.8 million for construction of the Downtown Corridors Project under the Affordable Housing and Sustainable Communities (AHSC) grant as part of the Resources for Community Development’s Rick Judd Commons (formerly known as Galindo Terrace). A portion of the construction cost is covered by the Sustainable Transportation Infrastructure (STI) component. The project design was completed at the end of 2022. Construction began in March 2023 and was completed in October 2023. The project is anticipated to be officially accepted as complete by the City on March 26, 2024.

Page 6 of 108 ends

City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024

4. Current Development: The City evaluated current development applications for conformance with the Land Use Element and extended or amended entitlement approvals for several commercial and residential projects. Notable applications approved in 2023 include:
 A 14-lot subdivision at 1836 Clayton Way (Buttonwood Subdivision).  A new cannabis storefront and delivery retail business at 1440 Concord Avenue (Culture Cannabis).
 Cannabis microbusiness with a storefront retail component use, including delivery at 5121 Port Chicago Highway (Infinity Assets).  A new towing dispatch office at 2681 Cloverdale Avenue (Cars to Go, Inc);  A playground, wall ball courts, basketball courts, and vegetable boxes for the Anova Center for Education at 1140 Galaxy Way.
 Small lot subdivision with six attached residential townhomes at 1461 Lark Lane (Lark Lane Townhomes Subdivision).
 A new five-unit small lot development at 1736 Clayton Road and 1790 Ellis Street (Lakeview Townhomes).
 The John Muir Medical Center seismic replacement and upgrade project, approving an amendment to the use permit to allow for the construction of a new utility plant, hospital tower, medical outpatient center, solar arrays, exterior art pieces, and reconstruction of portions of the façade.

The City also extended approvals for the following projects:
 The Avesta Assisted Living Facility, extending the Use Permit, Design and Site Review, and Tree Removal by 18 months.
 A four-unit multifamily structure at 1985 North Third Street, by two years.

5. Concord Naval Weapons Station: The 2012 Concord Reuse Project Area Plan envisions 12,200 housing units over the 30-year life of the project, of which 25 percent are to be affordable. Since adoption of the Plan, the City has been working to secure a master developer and obtain property transfer from the United States Navy. On October 26, 2021, the City Council, sitting as the Local Reuse Authority (LRA) approved an Exclusive Agreement to Negotiate (ENA) between the City and the Concord First Partners, LLC (CFP) team after public consideration; the LRA extended the ENA’s Preliminary State for consideration of a Term Sheet to January 31, 2023.

On January 28, 2023, the Council/LRA rejected (by a vote of 3-2) the CFP Term Sheet and directed staff to let the Exclusive Negotiating Agreement with CFP expire on January 31, 2023.

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City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
On March 14, 2023, the City Council/LRA considered options and recommendations on retaining a new Master Developer, and provided direction to move forward with a hybrid Request for Qualifications (RFQ) process. Staff provided a draft RFQ for the City Council/LRA’s review and approval in May 2023 with final issuance of the RFQ in mid-May. As a result, on September 19, 2023, the City Council/LRA entered into an ENA with Brookfield Properties (Brookfield) regarding the development of the Concord Reuse Project at the former Concord Naval Weapons Station. The ENA created a Preliminary Stage negotiation period of 120 days to allow Brookfield to prepare and propose a Term Sheet to the LRA; on January 2, 2024, based on successful progress, that time period was extended by the City Manager for 45 days.

On February 16, 2024, the consideration of the Brookfield Term Sheet by the LRA was continued from February 20 to March 19, 2024 to allow the community additional time to review both the Term Sheet and staff report, which were published on February 15. On February 16, 2024, the City Manager extended the Preliminary Stage of the ENA for another 45 days to March 30, 2024.

Growth Management Element
The Growth Management Element establishes policies and standards for traffic levels of service, and to establish performance standards for roadways, parks, fire and police services, sanitary facilities, water service, and flood control. This Element addresses demands for public facilities generated by new development with plans, capital improvement programs, and mitigation programs. The main implementation activity for this Element is ongoing review of development projects for conformance to the Element’s policies. No amendments were made to this Element in 2023.

Economic Vitality
The Economic Vitality Element provides guidance to enhance linkages between economic development, land use, and zoning; provides further support for downtown development and retail businesses; and affirms existing programs affecting economic development. The main implementation activity for this Element is ongoing review of development projects for conformance to the element’s policies. No updates were made to this Element in 2023.

The Hampton Inn Hotel, a 48,100 square foot, 86-room hotel within the downtown area, opened September 2023. The hotel will provide new revenue to the City through increased transient occupancy taxes (TOT) and is located within the TBID (Tourism Business Improvement District) and will provide funding toward Visit Concord, a non- profit aimed to increase tourism in Concord.

Transportation and Circulation Element
The Transportation and Circulation Element provides guidance and specific actions to ensure the continued safe and efficient operation of the City's circulation system. The Element indicates the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and

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City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
facilities, and is correlated with the Land Use Element. The main implementation activity for this Element is ongoing review of development projects for conformance to the Element’s policies. No updates were made to this Element in 2023.

Parks, Open Space, and Conservation Element
The Parks, Open Space, and Conservation Element provides guidance for acquisition, management, and preservation of the City’s open spaces and natural resources, as well as identifying the parks and recreation facilities available to local residents. The main ongoing implementation activity for this Element is review of development projects for conformance to the Element’s policies. No updates were made to this Element in 2023.

A new outdoor fitness area opened at Willow Pass Park, the first of its kind in Concord.

Situated west of the pickleball courts, the 2,000-square-foot space features a variety of fitness equipment that can be used with a phone application for self-guided instruction.

Funding for this project was made possible through Proposition 68, the California Department of Parks & Recreation grant, in conjunction with City Parkland Funds, which allowed for the renovation of the old infrastructure and the addition of new lighting, fencing, and rubberized surfacing. Work was finalized in October 2023.

The Willow Pass Park Pedestrian Crossing opened on November 20, 2023, and has been a desired project by City staff, park users, and the Parks Recreation and Open Space Commission (PROSC) for many years. This project enhanced pedestrian safety at Willow Pass Community Park by installing crosswalks along Salvio Street between the two fields of the park, Rapid Rectangular Flashing Beacons (RRFBs), sidewalk, and curb ramps.

Safety and Noise Element
The Safety and Noise Element identifies the City’s natural and man-made hazards, including air quality, noise, earthquakes, flooding, hazardous materials, and wildland fires, and provides both preventative and responsive mitigations to address these hazards. No amendments were made to this Element in 2023.

Public Facilities and Utilities Element
The Public Facilities and Utilities Element addresses the City’s current and future service and infrastructure needs, including wastewater collection, law enforcement, childcare programs, and cultural arts and education programs. The main implementation activity for this Element is ongoing review of development projects for conformance to the Element’s policies. No updates were made to this Element in 2023.

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City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
2014-2022 Housing Element
The 2014-2022 Housing Element includes policies, programs, and quantified objectives to guide the City's development decisions and remove unwarranted governmental constraints to the maintenance, improvement, and development of housing in Concord.

The City's 2014-2022 Housing Element was only in effect for one month of the 2023 reporting year, or until January 31, 2023. HCD has requested a report out on the programs for the month of January, which is included in the APR (Attachment 1); however, the focus of this report is on the 2023-2031 Housing Element as described below.
2023-2031 Housing Element
Following a two-year process, the City Council adopted the 2023-2031 Housing Element on August 22, 2023, and on October 23, 2023, HCD certified the City’s Housing Element by finding it to be in substantial compliance with state housing element law. The focus of this report is on the first year of this housing element cycle.

Housing Element Annual Progress Report
The Housing Element Annual Progress Report was prepared in accordance with guidelines issued by HCD and includes the following (Attachment 1):
 Table A – Housing Development Applications Submitted
 Table A2 – Annual Building Activity Report Summary – New Construction, Entitled, Permits and Completed Units
 Table B – Regional Housing Needs Allocation Progress, Permitted Units Issued by Affordability
 Table C – Sites Identified or Rezoned to Accommodate Shortfall Housing Need  Table D – [Housing Element] Program Implementation Status  Table E – Commercial Development Bonus Approved
 Table F – Units Rehabilitated, Preserved, & Acquired for Alternative Adequate Sites
 Table F2 – Above Moderate Income Units Converted to Moderate Income  Table G – Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of
 Table H – Locally Owned Surplus Sites
 Table I – Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits
 Table J – Student Housing Development for Lower Income Students for Which Was Granted a Density Bonus
 LEAP Reporting – Local Early Action Planning (LEAP) Reporting

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City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
Progress in Meeting the City's Regional Housing Needs Allocation Concord's RHNA for the 2023-2031 planning period was determined by the Association of Bay Area Governments and requires the City to plan for 5,073 residential units within four income categories, as shown in Table 1 below.

Table 1: Regional Housing Needs Allocation
2023-2031 Income Category
1,292 Very Low Income
744 Low Income
847 Moderate Income
2,190 Above-Moderate Income
5,073 Total
HCD collects data on housing progress throughout the state via a jurisdiction’s progress on proposed projects, projects that have been approved, and projects that have been issued a building permit; however, only projects that have been issued a building permit count towards meeting the City’s RHNA. In 2023, the City granted entitlements for 74 new housing units, issued building permits for 336 units, and issued certificates of occupancy for 203 units. Although no affordable units were issued a certificate of occupancy, 240 affordable units were issued building permits. Thus, based on the City’s RHNA and its previous performance during past years, there is a remaining housing need of 4,623 housing units, as shown in Table 2 below.

Further, not included in these numbers are the 12 rehabilitation projects completed in 2023 through the City’s Housing Rehabilitation Loan and Grant Program. Although this Program helps preserve Concord’s aging housing stock and provide residents with quality housing, state law does not allow these units to be counted toward the City’s RHNA numbers. This is primarily because no affordability deed restrictions are placed on the rehabilitated units, and/or the rehabilitation is not considered to be “substantial” as defined by state law.

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City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
Table 2: Concord’s Progress in Meeting Regional Housing Needs Income
Category
Total
RHNA Goal
(2023-2031)
Net Housing
Units Created
(2023-2031)
Balance
Remaining
Percent of
RHNA Goal
Achieved
Very Low 1,292 128 1,164 9%
Low 744 173 571 23%
Moderate 847 35 812 4%
Above
Moderate 2,190 114 2,076 5%
TOTAL 5,073 450 4,623 8%
Accessory Dwelling Unit Update
The following table summarizes the number of Accessory Dwelling Units (ADUs) that have received Planning Division approval and building permits throughout the 2014- 2022 Housing Element and for 2023.

Table 3: Accessory Dwelling Units by Year
Year Applications Approved Building Permits Issued
2014-2022 Housing Element
2015 8 5
2016 6 4
2017 20 10
2018 27 23
2019 26 18
2020 26 24
2021 25 40
2022 38 42
2023-2031 Housing Element
2023 41 50
In 2023, building permits were issued for 50 ADUs located throughout the city (see Attachment 3 for map). The increased ADU activity shown by Table 3 demonstrates that the City’s Development Code amendments, reduced fees, adoption of pre-approved ADU plans, and changes to state law have reduced barriers to constructing ADUs, thereby adding to the City's housing inventory. Using guidance from HCD and the Association of Bay Area Governments (ABAG), the City can assume the ADUs permitted in 2023 were rented at the following levels of affordability: 15 at very low- income, 15 at low-income, 15 at moderate income, and 5 at above moderate income.

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City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
Program Implementation
The 2023-2031 Housing Element contains over 100 programs to address the housing needs of all current and future residents at all income levels. Below is a status update of programs that had a deadline in 2023 or that staff has made progress on in 2023 for implementation within 2024. Table D in the APR contains the status of all programs.

Program 1.2: Amend ADU Ordinance, if needed to conform to future amendments to state law and submit to HCD within 60 days of adoption.

Status: On October 3, 2023, the City Council adopted revisions to the ADU Ordinance to conform to state law. These revisions were submitted to HCD on November 7, 2023, for review. To date, HCD has not responded.

Program 1.6: Develop and release a comprehensive web-based “ADU Toolkit” including permit-ready plans, FAQs, development standards, financial/regulatory incentives (once adopted), an overview of the permit process, required forms and information regarding fair housing and tenant protection laws by March 2023.

Status: On March 31, 2023, the City launched a web-based ADU Toolkit. The toolkit includes permit-ready plans, FAQs, development standards, an overview of the permit process, and information regarding fair housing and tenant protection laws.1 Program 3.1: Develop an Affordable Housing Development Toolkit by December 2023 to provide the aforementioned resources, as well as any additional resources that may be useful in assisting developers.

Status: In January 2024, the City launched an Affordable Housing Development Toolkit which provides permitting, process, and financial resources to affordable housing developers.2
Program 6.1: Amend the Development Code by January 2024 to permit by-right development on sites previously identified in past Housing Elements in which at least 20% of the units are affordable to lower income households in accordance with the specifications of Government Code Section 65583.2(c).

Status: On February 13, 2024, the City Council approved an amendment to the Concord Development Code to permit by-right development on sites previously identified in past Housing Elements. These developments dedicate at least 20 percent of the units to lower income households.

Program 8.6: Rezone sites to increase multifamily residential options in moderate- and high-resource areas (as shown in the most recent CTCAC/HCD Opportunity Maps) with 1 https://www.cityofconcord.org/1071/Accessory-Dwelling-Units-ADUs 2 https://www.cityofconcord.org/1174/Affordable-Housing-Toolkit

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City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
a majority white population. Begin the rezone process by December 2023 by conducting outreach, analyzing opportunities, and completing a CEQA analysis to finalize the rezone by December 2024.

Status: In 2023, the City invited proposals from planning consultants to support a rezone of sites to increase multifamily residential options in moderate- and high- resource areas with a majority white population. In January 2024, the City Council approved the consultant contract and work has commenced on the program.

Program 13.2: Amend the Development Code to provide financial or regulatory incentives and a density bonus in exchange for lot consolidation by December 2023.

Status: On February 13, 2024, the City Council adopted an amendment to the Concord Development Code to provide financial incentives and a density bonus in exchange for lot consolidation.

Program 20.6: Begin drafting rent stabilization and just cause for eviction ordinances within 90 days of Housing Element adoption, with adoption of ordinances by December 2023.

Status: The City held workshops in 2023 with property owners and tenants to solicit feedback on provisions for the draft rent stabilization and just cause eviction ordinances.

After a series of City Council meetings in 2023 and early 2024, on February 13, 2024, the City Council introduced the Ordinance to adopt rent stabilization and just cause for eviction regulations. The Ordinance was adopted on March 5, 2024, and was scheduled to be effective as of April 4, 2024. On March 8, 2024, the City received a proposed referendum petition, indicating plans to gather signatures to force the Council to either repeal the Ordinance or place it before the voters on the November ballot.

Consequently, as required by State law, implementation of the new Ordinance is suspended until the referendum process concludes. More information is available on the City
webpage.

Programs 10.1, 11.1, 12.2, 12.3, 12.4 (Density Bonus and Inclusionary Housing):

These various programs in the Housing Element all relate to the adoption of an update to the City’s Affordable Housing Ordinance with a focus on conformance with state law for the Density Bonus Program and an update to the Inclusionary Housing Program to facilitate the production of below market-rate units by removing the exception for rental units and allowing moderate-income units.

Status: City Council adopted code amendments which envisioned an inclusionary housing program that contains the following:
 An amendment removing the exemption for rental and condominium units from inclusionary housing.

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City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
 An amendment ensuring that the Density Bonus Program are consistent with state law.
 An amendment which includes moderate-income units to satisfy inclusionary requirements.
 An amendment to update the in-lieu fee for the inclusionary housing program.

Program 15.3: Develop and adopt Objective Design Standards by July 2024.

Status: On September 12, 2023, the City Council adopted the Objective Design Standards. These standards create a robust set of residential objective design criteria to ensure that housing projects subject to ministerial review achieve a high-quality building design that engages site planning and that responds to the context of the surrounding site.

Program 22.2: Develop and initiate implementation of a Strategic Plan to address homelessness by December 2024.

Status: On February 6, 2024, the City Council adopted the Homeless Strategic Plan.

Implementation activities have begun, and the City has submitted to the State for a grant to establish a mobile resource center and transitional hotel housing.

Senate Bill (SB) 341 Annual Reporting Requirement for Housing Successor Agencies Under California Health & Safety Code Section 34176.1(f), housing successor agencies need to produce and post certain reports within six months of the prior calendar year.

The report includes a number of items that describes the Successor Agency's work and funding of affordable housing activities during the year. The report is to be posted on the City's website as well as included with the APR. Attachment 4 provides a summary of the Concord Housing Fund for the fiscal year that ended June 30, 2023.

The SB 341 report indicates that as of June 30, 2023 the City has approximately $2 million in cash funds. In the past five fiscal years (FY 2018/19 – FY 2022/23), the City has spent over $14 million on housing that is affordable to households earning 60% or less of Area Median Income (AMI). The Successor Agency is required to spend the income earned within five years of accrual to avoid an excess surplus of funds. In 2019, the City approved $7.6 Million to be awarded to Resources for Community Development for a new 62-unit complex, Galindo Terrace (Rick Judd Commons), that will be made available to households earning between 30% to 60% AMI. In 2023, another $6.64 million was awarded to Eden Housing for the acquisition and rehabilitation of Coral Court and Sunset Pines Apartments, a 116-unit project whereby naturally occurring affordable housing was acquired and converted to deed restricted housing affordable to households earning between 30% to 80% of AMI. The report reflects the City’s overall compliance in the use of its Low and Moderate Income Housing Asset Fund (LMIHAF), and indicates that the City has no excess surplus in its Housing Successor funds.

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City Council Agenda Report
Agenda Item No. 5.a
March 26, 2024
Financial Impact
Acceptance and submittal of the APR will not have a fiscal impact on the City.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the APR does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), and/or 15378(b)(5), because it is merely information and it has no potential for resulting in either a direct physical change in the environment, or a reasonable foreseeable indirect change in the environment. Even if the APR did constitute a “project” under CEQA, it is categorically exempt pursuant to CEQA Guidelines Sections 15306 as it consists of information collection and reporting, and also falls within the “common sense” exemption set forth in 14 Cal Code Regs.

Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. Therefore, no further environmental review is required.

Public Contact
The City Council Agenda was posted. Notification was published in the East Bay Times and notice has been provided to all individuals on the housing interested parties list, affordable housing developers, and the City’s list of active housing developers.

Attachments

1. 2023 Annual Housing Element Progress Report with Tables A, A2, B, C, D, E, F, F2, G, H, I, J and LEAP

2. 2023 State Income Limits for Contra Costa County

3. Map: ADU Building Permits Issued (2023)

4. SB 341 - Annual Reporting Requirements - Concord Housing Fund Summary

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Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
Please Start Here
General Information
2023
Concord
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d.
1950 Parkside Drive, MS 53
Concord
94519
Ben
Ulrey
Assistant Planner
[email protected]
9256713152
Mailing Address
Annual Progress Report January 2020
Attachment 1

Page 17 of 108 ends

Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected]
and HCD will send you the login information
for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at
[email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

Page 18 of 108 ends

Jurisdiction Concord
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 60
Non-Deed
Restricted 15
Deed Restricted 150
Non-Deed
Restricted 15
Deed Restricted 0
Non-Deed
Restricted 15
81 336
Units by Structure Type Entitled Permitted Completed
Single-family Attached 11 10 20
Single-family Detached 23 20 2
2 to 4 units per structure 0 0 0
5+ units per structure 0 256 139
Accessory Dwelling Unit 41 50 41
Mobile/Manufactured Home 0 0 0
Total 75 336 202
Infill Housing Developments and Infill Units Permitted # of Projects Units 82 336
0 0
88 113
19 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
01/31/2023 - 01/31/2031
Units Constructed - SB 35 Streamlining Permits
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate

Page 19 of 108 ends

Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 35 (2017) 0 0
Ministerial and Discretionary Applications # of Applications Units Ministerial 86 91
Discretionary 2 22
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 2 Number of Units in Applications Submitted Requesting a Density Bonus 22 Number of Projects Permitted with a Density Bonus 2
Number of Units in Projects Permitted with a Density Bonus 256 Housing Element Programs Implemented and Sites Rezoned Count 197
0 Programs Implemented
Sites Rezoned to Accommodate the RHNA

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Jurisdiction Concord ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total P ROPOSED
Units by Project
Total
AP
PROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted pursuant
to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 1 0 0 0 0 0 112 113 19 0 126-240-021 N/A (vacant) Lakeview
Townhomes PL22198 SFA O 3/27/2023 5 5 5 NONE No
132121006
4041 GOLDEN

AV, CONCORD,
CA 94521
B233178 2 to 4 R 7/20/2023 2 2
SB 9 (2021) -
Residential Lot
Split, SB 9
(2021) - Duplex
in SF Zone
No
113123038
1790 BILLINGS

RD, CONCORD,
CA 94519
B231639 SFD R 4/14/2023 1 1
SB 9 (2021) -
Residential Lot
Split, SB 9
(2021) - Duplex
in SF Zone
No
130031019
44 RIDGE PARK

LN, CONCORD,
CA 94518
B230966 ADU R 3/9/2023 1 1 NONE No
113111007
3500 CONCORD

BL, CONCORD,
CA 94519
B231006 ADU R 3/13/2023 1 1 NONE No
117050016
5131 MYRTLE

DR, CONCORD,
CA 94521
B231744 ADU R 4/20/2023 1 1 NONE No
128120018
1860 GELBKE

LN, CONCORD,
CA 94520
B232428 ADU R 6/1/2023 1 1 NONE No
134313016
3370 JOSHUA
WOODS PL, #A,

CONCORD, CA
94518
B232578 ADU R 6/9/2023 1 1 NONE No
132191004
4219 COWELL
RD, #A,

CONCORD, CA
94518
B233674 ADU R 8/21/2023 1 1 NONE No
117120071
1828 LEO LN,

CONCORD, CA
94521
B233798 ADU R 8/29/2023 1 1 NONE No
114173022
3607 VILLAGE

RD, CONCORD,
CA 94519
B233804 ADU R 8/30/2023 1 1 NONE No
111261005
1924 N SIXTH

ST, CONCORD,
CA 94519
B233815 ADU R 8/30/2023 1 1 NONE No
115131010
1805 LILAC CT,

CONCORD, CA
94521
B233897 ADU R 9/5/2023 1 1 NONE No
112182032
2379 HEMLOCK
AV, #A,

CONCORD, CA
94520
B233934 ADU R 9/6/2023 1 1 NONE No
147131017
1211 PEAR DR,

CONCORD, CA
94518
B234245 ADU R 9/28/2023 1 1 NONE No
128093001
1900 FLORENCE

LN, CONCORD,
CA 94520
B234261 ADU R 9/29/2023 1 1 NONE No
Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted

Page 21 of 108 ends

147122007
1231 ORANGE

ST, CONCORD,
CA 94518
B234339 ADU R 10/6/2023 1 1 NONE No
147082002
1673 PEACH PL,

CONCORD, CA
94518
B234352 ADU R 10/8/2023 1 1 NONE No
147073003
1377 PEACH PL,

CONCORD, CA
94518
B235316 ADU R 12/22/2023 1 1 NONE No
117020044
1760 AYERS RD,

CONCORD, CA
94521
B235365 ADU R 12/31/2023 1 1 NONE No
126182054
2718 COWELL

RD, CONCORD,
CA 94518
Hidden Corners B230098 SFD R 1/11/2023 1 1 NONE No
126182055
2722 COWELL

RD, CONCORD,
CA 94518
Hidden Corners B230099 SFD R 1/11/2023 1 1 NONE No
126182056
2726 COWELL

RD, CONCORD,
CA 94518
Hidden Corners B230100 SFD R 1/11/2023 1 1 NONE No
110091019
2607 VARGUS

CT, CONCORD,
CA 94520
B230658 SFD O 2/20/2023 1 1 NONE No
105022008
1424 OAKLAND
AV, #A,

CONCORD, CA
94518
B231124 ADU R 3/20/2023 1 1 NONE No
114322006
1688 LA BONITA
WY, #A,

CONCORD, CA
94519
B234548 ADU R 10/20/2023 1 1 NONE No
121151010
5762 LEWIS WY,
#A, CONCORD,
CA 94521
B230020 ADU R 1/4/2023 1 1 NONE No
128021016
1599 WALTHAM

RD, CONCORD,
CA 94520
B230109 ADU R 1/11/2023 1 1 NONE No
126236026
1433 TOYON DR,
#A, CONCORD,
CA 94520
B230167 ADU R 1/17/2023 1 1 NONE No
147083010
1411 PEACH PL,

CONCORD, CA
94518
B230552 ADU R 2/13/2023 1 1 NONE No
113141049
1717 DUCKER

CT, CONCORD,
CA 94519
B230603 ADU R 2/15/2023 1 1 NONE No
105072009
115 ROSLYN DR,
#A, CONCORD,
CA 94518
B230668 ADU R 2/20/2023 1 1 NONE No
113081014
1864 SIXTH ST,

CONCORD, CA
94519
B230688 ADU R 2/21/2023 1 1 NONE No

Page 22 of 108 ends

Jurisdiction Concord ANNUAL ELEMENT PROGRESS REPORT
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
D
ate Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was

APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential G ross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 1 0 0 0 0 0 74 75 60 15 150 15 0 15 81 336 0 0 0 0 0 0 203 202 38 0 114220038 1814 Clayton Wy,
Concord Ca 94519 B212425 SFD O 0 0 1 12/20/2023 1 0 NONE Y 113081015 1862 Sixth St, Concord,
Ca 94519 B213141 ADU R 0 0 1 5/31/2023 1 0 NONE Y
128103011 1441 Darlene Dr, #A,
Concord Ca 94520 B213970 ADU R 0 0 1 9/20/2023 1 0 NONE Y 133074005 5169 Greenmeadow Dr,
#A Concord Ca 94521 B214307 ADU R 0 0 1 7/6/2023 1 0 NONE Y 112134003 2158 Colfax St, Concord,
Ca 94520 B214628 ADU R 0 0 1 7/3/2023 1 0 NONE Y
110333018 2289 Panoramic Dr, #A,
Concord Ca 94520 B214766 ADU R 0 0 1 2/10/2023 0 0 NONE Y 117040116 5146 Myrtle Dr, Concord,
Ca 94521 B214804 ADU R 0 0 1 11/28/2023 1 0 NONE Y
114410054 3546 Wren Av, #A,
Concord Ca 94519 B214893 ADU R 0 0 1 10/9/2023 1 0 NONE Y 110431029 2363 Ranchito Dr,
Concord Ca 94520 B220295 ADU R 0 0 1 5/17/2023 1 0 NONE Y 117020023 1704 Ayers Rd, Concord,
Ca 94521 B220780 ADU R 0 0 1 2/14/2023 1 0 NONE Y
128021011 1659 Waltham Rd,
Concord Ca 94520 B221302 ADU R 0 0 1 12/1/2023 1 0 NONE Y 114501028 4021 Mulberry Ct,
Concord Ca 94519 B221417 ADU R 0 0 1 7/6/2023 1 0 NONE Y 115064006 1527 Mendocino Dr,
Concord Ca 94521 B221988 ADU R 0 0 1 6/12/2023 1 0 NONE Y 115361008 4200 Woodland Dr,
Concord Ca 94521 B222127 ADU R 0 0 1 1/5/2023 1 0 NONE Y 117302021 5355 Meadow Wood Pl,
#A Concord Ca 94521 B222297 ADU R 0 0 1 8/21/2023 1 0 NONE Y 147290022 900 Mohr Ln, Concord, Ca
94518 B222608 ADU R 0 0 1 6/12/2023 1 0 NONE Y
105012006 2741 Pacific St, Concord,
Ca 94518 B223236 ADU R 0 0 1 2/16/2023 1 0 NONE Y
115353021 4254 Satinwood Dr,
Concord Ca 94521 B223492 ADU R 0 0 1 12/18/2023 1 0 NONE Y 105123006 3728 Barrington Dr,
Concord Ca 94518 B225005 ADU R 0 0 1 7/10/2023 1 0 NONE Y 105230020 1400 Julia Ln, Concord,
Ca 94518 B222171 SFA O 0 0 1 8/24/2023 1 0 NONE Y
105230020 1404 Julia Ln, Concord,
Ca 94518 B222172 SFA O 0 0 1 8/24/2023 1 0 NONE Y
105230019 1408 Julia Ln, Concord,
Ca 94518 B222173 SFA O 0 0 1 8/24/2023 1 0 NONE Y
105230017 1416 Julia Ln, Concord,
Ca 94518 B222174 SFA O 0 0 1 8/24/2023 1 0 NONE Y
105230018 1412 Julia Ln, Concord,
Ca 94518 B222175 SFA O 0 0 1 8/24/2023 1 0 NONE Y
105230021 1384 Julia Ln, Concord,
Ca 94518 B222176 SFA O 0 0 1 9/8/2023 1 0 NONE Y
105230021 1380 Julia Ln, Concord,
Ca 94518 B222177 SFA O 0 0 1 9/8/2023 1 0 NONE Y
105230022 3511 Chapman Wy,
Concord Ca 94518 B222178 SFA O 0 0 1 9/15/2023 1 0 NONE Y 105230023 3515 Chapman Wy,
Concord Ca 94518 B222179 SFA O 0 0 1 9/15/2023 1 0 NONE Y 105230024 3519 Chapman Wy,
Concord Ca 94518 B222180 SFA O 0 0 1 9/15/2023 1 0 NONE Y 105230052 1437 Julia Ln, Concord,
Ca 94518 B222211 SFA O 0 0 1 11/16/2023 1 0 NONE Y
105230052 1433 Julia Ln, Concord,
Ca 94518 B222212 SFA O 0 0 1 11/1/2023 1 0 NONE Y
105230051 1429 Julia Ln, Concord,
Ca 94518 B222213 SFA O 0 0 1 11/22/2023 1 0 NONE Y
105230049 1421 Julia Ln, Concord,
Ca 94518 B222214 SFA O 0 0 1 10/25/2023 1 0 NONE Y
105230050 1425 Julia Ln, Concord,
Ca 94518 B222215 SFA O 0 0 1 10/25/2023 1 0 NONE Y
105230055 1453 Julia Ln, Concord,
Ca 94518 B222216 SFA O 0 0 1 11/1/2023 1 0 NONE Y
105230056 1457 Julia Ln, Concord,
Ca 94518 B222217 SFA O 0 0 1 11/1/2023 1 0 NONE Y
105230054 1449 Julia Ln, Concord,
Ca 94518 B222218 SFA O 0 0 1 11/16/2023 1 0 NONE Y
105230053 1445 Julia Ln, Concord,
Ca 94518 B222219 SFA O 0 0 1 11/16/2023 1 0 NONE Y
105230053 1441 Julia Ln, Concord,
Ca 94518 B222220 SFA O 0 0 1 11/16/2023 1 0 NONE Y
114432034 3633 Wren Av, Concord,
Ca 94519 B213388 ADU R 0 1 3/9/2023 1 1 8/11/2023 1 0 NONE Y 105091004 1480 Barbis Wy, #A,
Concord Ca 94518 B214621 ADU R 0 1 5/15/2023 1 0 0 NONE Y 112186001 2700 Garden Av, Concord,
Ca 94520 B221797 ADU R 0 1 3/10/2023 1 1 10/4/2023 1 0 NONE Y 147073011 1311 Peach Pl, Concord,
Ca 94518 B222794 ADU R 0 1 4/24/2023 1 0 0 NONE Y
115312006 4249 BRENTWOOD CR,
CONCORD CA 94521 B220866 ADU R 0 1 3/20/2023 1 1 9/8/2023 1 NONE Y 112046007 2725 COURTLAND DR,
#A CONCORD CA 94520 B222563 ADU R 1 5/31/2023 1 1 6/19/2023 1 1 12/21/2023 1 NONE Y 130060011 934 RIDGE DR,
CONCORD CA 94518 B223115 ADU R 1 3/7/2023 1 1 3/8/2023 1 1 9/29/2023 1 NONE Y 128143016 1222 LINDEN DR,
CONCORD CA 94520 B223748 ADU R 1 3/3/2023 1 1 4/12/2023 1 1 12/6/2023 1 NONE Y 114073004 3969 COTTONWOOD DR,
CONCORD CA 94519 B223917 ADU R 0 1 2/9/2023 1 1 12/27/2023 1 NONE Y 120132003 5488 WILKE DR,
CONCORD CA 94521 B224389 ADU R 1 2/1/2023 1 1 2/7/2023 1 1 10/27/2023 1 NONE Y 128033025 1660 MARKET ST,
CONCORD CA 94520 B224684 ADU R 1 1/27/2023 1 1 1/30/2023 1 1 7/6/2023 1 NONE Y 111041009 3348 ESPERANZA DR,
#A CONCORD CA 94519 B224687 ADU R 0 1 1/10/2023 1 1 4/26/2023 1 NONE Y 111083009 3250 FITZPATRICK DR,
CONCORD CA 94519 B225430 ADU R 1 3/29/2023 1 1 4/4/2023 1 1 9/5/2023 1 NONE Y 126236026 1433 TOYON DR, #A,
CONCORD CA 94520 B230167 ADU R 1 6/13/2023 1 1 8/15/2023 1 1 11/16/2023 1 NONE Y 113081014 1864 SIXTH ST,
CONCORD CA 94519 B230688 ADU R 1 4/18/2023 1 1 5/2/2023 1 1 11/7/2023 1 NONE Y 111214003 2014 DATE ST,
CONCORD CA 94519 B230821 ADU R 1 5/9/2023 1 1 6/1/2023 1 1 10/9/2023 1 NONE Y 128044002 2251 BLACKFIELD DR,
#A CONCORD CA 94520 B232775 ADU R 1 8/9/2023 1 1 8/10/2023 1 1 11/7/2023 1 NONE Y 132191004 4219 COWELL RD, #A,
CONCORD CA 94518 B233674 ADU R 1 9/27/2023 1 1 10/16/2023 1 1 12/5/2023 1 NONE Y 147332006 926 GETOUN DR,
CONCORD CA 94518 B190199 ADU R 0 0 1 7/24/2023 1 NONE Y 113033042 2927 CONCORD BL, #A,
CONCORD CA 94519 B191079 ADU R 0 0 1 5/24/2023 1 NONE Y 111253006 1957 ESPERANZA DR,
CONCORD CA 94519 B191696 ADU R 1 2/23/2023 1 1 6/21/2023 1 0 NONE Y 147350040 1926 RISDON RD,
CONCORD CA 94518 B192153 SFD O 0 0 1 6/15/2023 1 NONE Y 133182007 1440 BASSETT DR,
CONCORD CA 94521 B194775 ADU R 0 0 1 7/10/2023 1 NONE Y 128120056 1760 FISHER DR,
CONCORD CA 94520 B201348 ADU R 0 0 1 8/31/2023 1 NONE Y 117070024 2181 KIRKER PASS RD,
CONCORD CA 94521 B201389 ADU R 0 0 1 5/11/2023 1 NONE Y 105030039 1390 SAN CARLOS AV,
#A CONCORD CA 94518 B211080 ADU R 0 0 1 5/3/2023 1 NONE Y 121420019 1164 KRONA LN, #A,
CONCORD CA 94521 B211219 ADU R 0 1 12/30/2023 1 0 NONE Y 110273008 2205 GREENBRIER ST,
CONCORD CA 94520 B211344 ADU R 0 0 1 9/1/2023 1 NONE Y 113141043 1728 ELM RD, #A,
CONCORD CA 94519 B214443 ADU R 0 0 1 6/28/2023 1 NONE Y 147180002 1002 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B221017 SFD O 0 1 2/6/2023 1 0 NONE Y 105064014 1401 DAVIS AV,
CONCORD CA 94518 B221129 ADU R 1 8/14/2023 1 1 10/2/2023 1 0 NONE Y 105092021 3475 CHAPMAN WY,
CONCORD, CA 94518
Penny Lane
(Clayton Road
Townhomes)
B222201 SFA O
0 1 8/30/2023 1 0 NONE Y
105092021 3479 CHAPMAN WY,
CONCORD, CA 94518
Penny Lane
(Clayton Road
Townhomes)
B222202 SFA O
0 1 8/30/2023 1 0 NONE Y
105092021 3483 CHAPMAN WY,
CONCORD, CA 94518
Penny Lane
(Clayton Road
Townhomes)
B222203 SFA O
0 1 8/30/2023 1 0 NONE Y
105092021 1381 JULIA LN,
CONCORD, CA 94518
Penny Lane
(Clayton Road
Townhomes)
B222204 SFA O
0 1 8/30/2023 1 0 NONE Y
105092021 1385 JULIA LN,
CONCORD, CA 94518
Penny Lane
(Clayton Road
Townhomes)
B222205 SFA O
0 1 8/30/2023 1 0 NONE Y
105092021 1413 JULIA LN,
CONCORD, CA 94518
Penny Lane
(Clayton Road
Townhomes)
B222206 SFA O
0 1 8/30/2023 1 0 NONE Y
105092021 1417 JULIA LN,
CONCORD, CA 94518
Penny Lane
(Clayton Road
Townhomes)
B222207 SFA O
0 1 8/30/2023 1 0 NONE Y
105092021 1409 JULIA LN,
CONCORD, CA 94518
Penny Lane
(Clayton Road
Townhomes)
B222208 SFA O
0 1 8/30/2023 1 0 NONE Y
105092021 1405 JULIA LN,
CONCORD, CA 94518
Penny Lane
(Clayton Road
Townhomes)
B222209 SFA O
0 1 8/30/2023 1 0 NONE Y
105092021 1401 JULIA LN,
CONCORD, CA 94518
Penny Lane
(Clayton Road
Townhomes)
B222210 SFA O
0 1 8/30/2023 1 0 NONE Y
111202010 2148 RICARDO DR,
CONCORD CA 94519 B222388 ADU R 1 6/15/2023 1 1 9/11/2023 1 0 NONE Y 116030036 1705 BERRYWOOD DR,
CONCORD CA 94521 B222779 ADU R 0 1 1/24/2023 1 0 NONE Y 133041020 4318 PEMBROKE DR, #A,
CONCORD CA 94521 B224906 ADU R 1 3/16/2023 1 1 4/5/2023 1 0 NONE Y 147180055 1003 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224927 SFD O 0 1 2/6/2023 1 0 1 NONE Y Other INC 45 147180056 1007 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224928 SFD O 0 1 2/6/2023 1 0 NONE Y 147180057 1011 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224929 SFD O 0 1 2/6/2023 1 0 NONE Y 147180058 1015 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224930 SFD O 0 1 2/6/2023 1 0 NONE Y 147180059 1019 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224931 SFD O 1 5/12/2023 1 1 5/25/2023 1 0 NONE Y 147180060 1023 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224932 SFD O 1 5/4/2023 1 1 5/25/2023 1 0 NONE Y 147180061 1027 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224933 SFD O 1 5/12/2023 1 1 5/25/2023 1 0 NONE Y 147180062 1031 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224934 SFD O 1 5/4/2023 1 1 5/25/2023 1 0 NONE Y 147180063 1035 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224935 SFD O 1 5/4/2023 1 1 5/25/2023 1 0 NONE Y 147180064 1039 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224936 SFD O 1 5/12/2023 1 1 5/25/2023 1 0 NONE Y 147180065 1022 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224937 SFD O 1 5/4/2023 1 1 5/25/2023 1 0 NONE Y 147180066 1018 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224938 SFD O 1 5/4/2023 1 1 5/25/2023 1 0 NONE Y 147180067 1014 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224939 SFD O 0 1 2/6/2023 1 0 NONE Y 147180068 1006 HECKMANN LN,
CONCORD CA 94518 Bancroft Grove B224940 SFD O 0 1 2/6/2023 1 0 NONE Y 129280004 2643 BLARNEY CT,
CONCORD CA 94518 B225143 ADU R 1 3/30/2023 1 1 4/19/2023 1 0 NONE Y 114290029 1603 CARLSON CT,
#1603 CONCORD 94519 B225209 ADU R 1 10/11/2023 1 1 12/4/2023 1 0 NONE Y 115436007 4368 FAIRWOOD CT, #A,
CONCORD CA 94521 B225356 ADU R 1 7/5/2023 1 1 9/5/2023 1 0 NONE Y 121151010 5762 LEWIS WY, #A,
CONCORD CA 94521 B230020 ADU R 1 3/8/2023 1 1 3/23/2023 1 0 NONE Y 126182054 2718 COWELL RD,
CONCORD CA 94518 Hidden Corners B230098 SFD O 0 1 1/30/2023 1 0 NONE Y 126182055 2722 COWELL RD,
CONCORD CA 94518 Hidden Corners B230099 SFD O 0 1 1/30/2023 1 0 NONE Y 126182056 2726 COWELL RD,
CONCORD CA 94518 Hidden Corners B230100 SFD O 0 1 2/3/2023 1 0 NONE Y 128021016 1599 WALTHAM RD,
CONCORD CA 94520 B230109 ADU R 1 8/17/2023 1 1 8/30/2023 1 0 NONE Y 147083010 1411 PEACH PL,
CONCORD CA 94518 B230552 ADU R 1 7/10/2023 1 1 7/28/2023 1 0 NONE Y 110091019 2607 VARGUS CT,
CONCORD CA 94520 B230658 SFD O 1 4/13/2023 1 1 5/17/2023 1 0 NONE Y 105072009 115 ROSLYN DR, #A,
CONCORD CA 94518 B230668 ADU R 1 7/3/2023 1 1 7/19/2023 1 0 NONE Y 120185030
5559 MARYLAND DR,

UNIT A, CONCORD, CA
94521
B230722 ADU R 1 10/23/2023
1 1 12/11/2023 1 0 NONE Y
132080006 3938 JOAN AV,
CONCORD CA 94521 B230875 ADU R 1 9/27/2023 1 1 10/9/2023 1 0 NONE Y 116241010 1682 JOELLE DR,
CONCORD CA 94521 B230884 ADU R 1 5/26/2023 1 1 7/12/2023 1 0 NONE Y 113111007 3500 CONCORD BL,
CONCORD CA 94519 B231006 ADU R 1 5/26/2023 1 1 6/5/2023 1 0 NONE Y 134191015 3140 BARRYMORE PL,
#A CONCORD CA 94518 B231034 ADU R 1 8/15/2023 1 1 9/7/2023 1 0 NONE Y 114431009 1853 JACQUELINE WY,
CONCORD CA 94519 B231140 ADU R 1 7/31/2023 1 1 8/11/2023 1 0 NONE Y 112184031 2329 FAIRFIELD AV,
CONCORD CA 94520 B231620 ADU R 1 6/5/2023 1 1 6/29/2023 1 0 NONE Y 115402011 1822 WOODSDALE CT,
CONCORD CA 94521 B231747 ADU R 1 7/6/2023 1 1 7/19/2023 1 0 NONE Y 130140040 1118 SUNRISE HILL,
CONCORD CA 94518 B232240 ADU R 1 8/31/2023 1 1 11/7/2023 1 0 NONE Y 133531008 1378 FERN HILL LN,
CONCORD CA 94521 B232602 ADU R 1 7/13/2023 1 1 8/8/2023 1 0 NONE Y 111145012 3100 ATHENE CT,
CONCORD CA 94519 B232785 ADU R 1 8/24/2023 1 1 9/12/2023 1 0 NONE Y 113251008 3036 CONCORD BL, #A,
CONCORD CA 94519 B233124 ADU R 1 10/27/2023 1 1 12/5/2023 1 0 NONE Y 112143005 2300 ALMOND AV,
CONCORD CA 94520 B233621 ADU R 1 10/12/2023 1 1 10/24/2023 1 0 NONE Y 115131010 1805 LILAC CT,
CONCORD CA 94521 B233897 ADU R 1 10/18/2023 1 1 11/13/2023 1 0 NONE Y 132112008 1461 ROSAL LN,
CONCORD CA 94521 B233912 ADU R 1 10/30/2023 1 1 11/22/2023 1 0 NONE Y 115053001 4003 LILLIAN DR,
CONCORD CA 94521 B233989 ADU R 1 9/19/2023 1 1 10/2/2023 1 0 NONE Y 115242003 4274 ARMAND DR,
CONCORD CA 94521 B234013 ADU R 1 10/5/2023 1 1 10/19/2023 1 0 NONE Y 147082002 1673 PEACH PL,
CONCORD CA 94518 B234352 ADU R 1 11/13/2023 1 1 11/21/2023 1 0 NONE Y 105012009 2791 PACIFIC ST,
CONCORD CA 94518 B234993 ADU R 1 12/11/2023 1 1 12/12/2023 1 0 NONE Y 126182050 2714 COWELL RD,
CONCORD CA 94518 Hidden Corners B224512 SFD O 0 1 1/30/2023 1 0 NONE Y 126164047 1335 GALINDO ST,
CONCORD, CA 94520
RMG Affordable
Housing B221579 5+ R
0 15 15 45 3/2/2023 75 0 15 NONE Y Other DB 55 39.0% 3
Development
Standards
Modification
Yes
126093017 1776 GRANT ST,
CONCORD CA 94520 The Grant B192079 5+ R 0 0 139 1/26/2023 139 NONE Y 126082008 2400 WILLOW PASS RD,
CONCORD CA 94520
The Argent/Blue
Oak Square B223875 5+ R 0 44 135 2 3/7/2023 181 0 21 NONE Y Other DB 55 18.0% 0 Other Yes Note: "+" indicates an optional field

Page 23 of 108 ends

Concord City CouncilMarch 26, 2024

Concord City Council
March 26, 2024